Posted on 03/04/2015 6:54:44 AM PST by EternalVigilance
Montgomery, AL – In a historic ruling, the Supreme Court of Alabama in a 7-1 decision has affirmed natural marriage and ordered Alabama’s probate judges to immediately stop issuing illegal marriage licenses to same-sex couples. The ruling represents a significant shift of momentum in the same-sex marriage agenda, and is a direct challenge to the orders of U.S. District Court Judge Callie Granade, who in January purported to overturn Alabama’s marriage laws. The ruling of the Alabama Supreme Court offers the most forceful and clearly articulated rebuttal to date of the imaginative arguments for same-sex “marriage” employed by federal courts.
“The ruling by the Alabama Supreme Court is historic, and is one of the most researched and well reasoned opinions on marriage to be issued by any court in the country,” said Mat Staver, Founder and Chairman of Liberty Counsel.
The ruling grants in full Liberty Counsel’s emergency mandamus petition. In the petition and in a subsequent brief, Liberty Counsel demanded on behalf of its Alabama clients – Alabama Policy Institute (“API”) and Alabama Citizens Action Program (“ALCAP”) – that Alabama’s probate judges obey Alabama’s Constitution and laws. As a result of this ruling, Alabama’s probate judges must immediately cease issuing illegal same-sex marriage licenses.
Four probate judges answered Liberty Counsel’s petition, arguing that Alabama citizens have no right or interest in preserving natural marriage. The respondents also claimed that API and ALCAP have no standing, and that the Court has no jurisdiction over this case. But the Supreme Court soundly rejected those arguments, concluding that standing and jurisdiction were proper and citing a truckload of precedent. The Court said: “It could not be clearer that the public — the people of Alabama — have an interest in the respondents’ faithful compliance with Alabama’s marriage laws.” Reinforcing the point, the Court added, “It is beyond question that the duty to issue marriage licenses only in accordance with Alabama law is a duty owed to the public for its benefit. The failure to perform that duty damages the framework of law and institutions the people have chosen for themselves.”
The unlawful issuance of marriage licenses to same-sex couples by Alabama probate judges was the result of federal Judge Callie Granade’s January rulings, when she purported to determine that Alabama’s marriage laws violate the U.S. Constitution. Though she had no power to extend her ruling to the entire state, some activist probate judges across Alabama who were not subject to her ruling took it upon themselves to issue marriage licenses to same-sex couples, in clear violation of Alabama law.
Today’s Supreme Court ruling, however, not only restores the rule of law in Alabama, but also forcefully challenges and methodically dismantles the opinion of Judge Granade and other judges who have erroneously held that the U.S. Constitution requires states to redefine marriage:
[W]e find that the provisions of Alabama law contemplating the issuance of marriage licenses only to opposite-sex couples do not violate the United States Constitution . . . .
***
[W]hat [Judge Granade] has done is to declare an entirely new concept of “marriage” a fundamental right under the guise of the previously understood meaning of that institution. It is, plainly and simply, circular reasoning—it assumes the conclusion of the matter, i.e., that marriage as newly defined is a fundamental right, in the premise of the question without acknowledging that a change of terms has occurred.
On its way to affirming natural marriage, the Alabama Supreme Court made several key observations about the historical and societal underpinnings of the marriage institution:
“[M]arriage, as a union between one man and one woman, is the fundamental unit of society.” “[M]arriage has always been between members of the opposite sex. The obvious reason for this immutable characteristic is nature. Men and women complement each other biologically and socially.” “[O]ne legitimate interest behind the laws (among others) is recognizing and encouraging the ties between children and their biological parents.” “Government is concerned with public effects, not private wishes. The new definition of marriage centers on the private concerns of adults, while the traditional definition focuses on the benefits to society from the special relationship that exists between a man and a woman, i.e., the effects for care of children, the control of passions, the division of wealth in society, and so on.” “[I]f love was the sine qua non of marriage, then polygamy also would be constitutionally protected . . . .” “[W]hat ultimately is at issue is the entire edifice of family law . . . an edifice that has existed in some form since before the United States was even a country. . . . It is no small thing to wipe away this edifice with a wave of the judicial wand.”
“The legitimacy of the judiciary is undermined when a judge legislates from the bench or usurps the power reserved to the states regarding natural marriage,” said Staver. “This decision of the Alabama Supreme Court is very well reasoned, which is quite rare from today’s courts,” he added. “The decision not only affirms natural marriage but also restores the rule of law,” Staver concluded.
Alabama Supreme Court Chief Justice Roy Moore took no part in the Court’s decision.
Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.
Legislation to give them hospital visitation rights and the like is fine, but this excuse used once upon a time has long since been addressed with power of attorneys and other legal documents.
The sole purpose of same-sex marriage now is to render real marriages meaningless by letting any group of deviants define marriage down and plumb ever lower.
All of our laws are actually based on God’s law. Believe it or not. The beginning of English Common Law and the American system of law are all based on The Decalogue, the OT and NT. Any law that does not line up with God’s law is counterfeit.
If Alabama has to secede to maintain its adherence to God’s Law, then I would support them in doing that.
The Apostle Paul was very clear in Romans 1, about those who practice such things and about those who approve of such things.
God’s Wrath Against Sinful Humanity
18 The wrath of God is being revealed from heaven against all the godlessness and wickedness of people, who suppress the truth by their wickedness, 19 since what may be known about God is plain to them, because God has made it plain to them. 20 For since the creation of the world God’s invisible qualities—his eternal power and divine nature—have been clearly seen, being understood from what has been made, so that people are without excuse.
21 For although they knew God, they neither glorified him as God nor gave thanks to him, but their thinking became futile and their foolish hearts were darkened. 22 Although they claimed to be wise, they became fools 23 and exchanged the glory of the immortal God for images made to look like a mortal human being and birds and animals and reptiles.
24 Therefore God gave them over in the sinful desires of their hearts to sexual impurity for the degrading of their bodies with one another. 25 They exchanged the truth about God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.
26 Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. 27 In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed shameful acts with other men, and received in themselves the due penalty for their error.
28 Furthermore, just as they did not think it worthwhile to retain the knowledge of God, so God gave them over to a depraved mind, so that they do what ought not to be done. 29 They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, 30 slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; 31 they have no understanding, no fidelity, no love, no mercy. 32 Although they know God’s righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them.
Wish NC would fight back like that...The feds just rode in and REWROTE our constitution because they wanted to.
I hope Alabama stands strong: at a 7-1 decision, its a great start.
Indeed it is.
God instituted marriage— between a man and a woman. So grateful the AL Supreme Court has sided with the Almighty; one of the few normal places remaining in the U.S.
I agree and its a part of a larger more nefarious aim. The rhetoric and activism of lgbt is aimed at permanently changing the paradigm of western culture concerning sex, gender, and family. This erosion inevitably gives the state more power and the family less because these “new” genders and family structures are inherently more dependent on government for their very existence. Further more most “gay culture” is vulgar, depraved, and an expression of irresponsible sexual behavior. It doesn’t mean of course that all lgbt are like this but the undercurrent is there and very few lgbt dare to stand up to the numerous negative components of the gay subculture.
That aside, there is absolutely no requirement in the US constitution that requires states to license gay marriages. The whole idea that there is one is just ridiculous. If the Supreme Court dictates that ssm licensure is required by states then there is no reason why polygamous, polyamorous, incestuous, and virtually any other union between adults not be licensed by the states and they will be and the state will be required to grow to not just license but also force acceptance of these alternative arrangements. Live and let live is clearly not acceptable in an lgbt dominated culture.
It goes to show that if people stood up to the homostapo and the communist left then this fight would or could have been over a long time ago instead of this what we are seeing today.
It should be thrown out.
Hurray for Alabama!
Thank God for Judge Moore.
I just love that particular line.
Aside from that, I just think that the basic definitions of terms are an aspect of this that the courts are choosing to ignore in this entire argument.
"MARRIAGE" - the union of a man and woman. Anything else (as the dictionary is even wrestling with) may be considered "similar" in some respects, but it's still different.
Apples and oranges are both example of fruit, but apples are not oranges.
I could argue this all day on Biblical grounds, but since the courts won't, I'm going for word definitions... which is what law is usually all about.
Its about time. I think TX is also standing strong. They are coming after GA soon. I pray we stand with Alabama.
They were given civil unions for visits to hospitals plus they could have got the people they wish to have visited as a NOK/
It was another lie by the homostapo to further their agenda.
You got it. If everyone would just stand up and say NO, we would crush them like a bug.
They came into FL too.
We passed the law and one fed judge overrides it and makes a new law.
These Fed judges should have term limits, because they are way out of control.
It does not state anywhere in the Fed Constitution to have homosexual marriage, nor if they are using the 14th amendment that they are discriminated against as they can’t marry the same sex like us,. We can marry the opposite sex just like them. Where is the discrimination then?
Why our side can’t argue those facts is beyond me, unless they actually agree with this sham marriage.
I had one woman from NY tell me that the other woman was her wife. I pointed out she is not married nor will she ever be to the same sex.. I just don’t care no more as if people can give their lives for this country then I can speak up .
Every single term associated with marriage requires the union to be between a man and a woman.
Nuptials.
Couple.
Matrimony.
Union.
Wedding.
Connubial.
Betroth.
Bridal.
Monogamy.
And the list goes on and on.
If you study the etymology of each word, the union between a man and a woman is required.
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