Posted on 03/09/2016 5:07:21 AM PST by HomerBohn
On Friday, the Alabama Supreme Court rejected the US Supreme Court's marriage opinion and basically told them to take a hike in favor of following the Alabama Constitution and Alabama law.
On March 4, 2016, the Alabama Supreme Court ordered that all probate judges cease and desist in issuing marriage licenses to sodomies.
The court issued its 170-page ruling in favor of Petition for Mandamus by Liberty Counsel.
Mat Staver, Founder and Chairman of Liberty Counsel said, "The ruling last year by the Alabama Supreme Court was historic, and is one of the most researched and well-reasoned opinions on marriage to be issued by any court in the country. Today's opinion by the Alabama Supreme Court calling the U.S. Supreme Court's marriage opinion 'illegitimate' will be remembered in history like the 'shot heard around the world."
"The Alabama Supreme Court has openly rejected the U.S. Supreme Court's 5-4 marriage opinion, labeling it 'illegitimate' and without legal or precedential authority. This is a clear victory for the rule of law and an historic decision by the Alabama Supreme Court. The Judgement makes permanent the Alabama Supreme Court's order prohibiting probate judges from issuing marriage licenses to same-sex couples. The Alabama Supreme Court has rejected the illegitimate opinion of five lawyers on the U.S. Supreme Court," added Staver.
Both Chief Justice Roy Moore and Justice Tom Parker criticized the opinion of the Supreme Court in the Oberkfell case.
"I agree with the Chief Justice of the United States Supreme Court, John Roberts, and with Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito, that the majority opinion in Obergefell has no basis in the law, history, or tradition of this country," wrote Moore. "Obergefell is an unconstitutional exercise of judicial authority that usurps the legislative prerogative of the states to regulate their own domestic policy. Additionally, Obergefell seriously jeopardizes the religious liberty guaranteed by the First Amendment to the United States Constitution."
He then went on to call out the judiciary's tyranny in their opinion.
"Based upon arguments of 'love,' 'commitment,' and 'equal dignity' for same-sex couples, five lawyers, as Chief Justice Roberts so aptly describes the Obergefell majority, have declared a new social policy for the entire country," Chief Justice Moore added. "As the Chief Justice and Associate Justices Scalia, Thomas, and Alito eloquently and accurately demonstrate in their dissents, the majority opinion in Obergefell is an act of raw power with no ascertainable foundation in the Constitution itself. The majority presumed to legislate for the entire country under the guise of interpreting the Constitution."
"The Obergefell majority presumes to amend the United States Constitution to create a right stated nowhere therein," he concluded. "That is a lawless act."
Moore also referenced the framers of the Constitution in his remarks.
"I submit that our Founders knew a lot more about freedom than [Justice Kennedy's opinion] indicates," Moore wrote. "They secured the freedoms we enjoy, not in judicial decrees of newly discovered rights, but in the Constitution and amendments thereto. That a majority of the Court may identify an "injustice" that merits constitutional correction does not dispense with the means the Constitution has provided in Article V for its own amendment."
"Although the Court could suggest that the Constitution would benefit from a particular amendment, the Court does not possess the authority to insert the amendment into the Constitution by the vehicle of a Court opinion and then to demand compliance with it."
Indeed, our founding fathers dealt quite harshly with sodomites. They would never have allowed these people to have a voice in the political process, much less advance an agenda to sodomize America by perverting the definition of marriage.
Justice Moore then gave wise counsel to sodomites who claim that they can engage in sodomy and be dignified in marriage.
"Historically, consummation of a marriage always involved an act of sexual intimacy that was dignified in the eyes of the law. An act of sexual intimacy between two men or two women, by contrast, was considered 'an infamous crime against nature' and a 'disgrace to human nature.' Homosexuals who seek the dignity of marriage must first forsake the sexual habits that disqualify them from admission to that hallowed institution. Surely more dignity attaches to participation in a fundamental institution on the terms it prescribes than to an attempt to wrest its definition to serve inordinate lusts that demean its historic dignity."
Indeed, I wish more people understood that liberty is not the ability to do what the law condemns, but to do what is right before our Creator. May God bless the Alabama Supreme Court!
Matt Staver concluded, "Justices and judges are bound to interpret the U.S. Constitution. When they write opinions that have no legal foundation, then their opinions lack legal legitimacy. That is what the five lawyers did on the U.S. Supreme Court in the marriage opinion. They ignored the Constitution, the Court's precedents, and millennia of human history. Their opinion calls into question the legitimacy of the Supreme Court. When we the people lose trust in the Justices, the authority of the Supreme Court is undermined. If the people accept this 5-4 opinion, then we have transitioned to a despotic form of government. The people must now decide if we are governed by the rule of law or the whim of unelected judges."
The Alabama court is doing its 10th Amendment job! Outstanding!!!
“Do you mean you actually think there’s something wrong with a guy shoving his pee-pee up another guy’s poo-poo?”
It’s long past time that the SCOTUS “Just Us’es” had to stand for reconfirmation before the entire country, say every five years. The threat of expulsion from the court would have a serious impact on this lawlessness. Here in CA we RIFed our Chief Justice (Rose Bird, a Jerry the Fairy Appointment) for her overreach. We need that abilty to redress grievences with the SCOTUS as well.
The US Supreme Court was found by the Alabama Supreme Court to have acted unlawfully.
From the AL court ruling, 4th March:
Justices Antonin Scalia, Clarence Thomas, and Samuel Alito, that the majority opinion in Obergefell has no basis in the law, history, or tradition of this country. Obergefell is an unconstitutional exercise of judicial authority that usurps the legislative prerogative of the states to regulate their own domestic policy. Additionally, Obergefell seriously jeopardizes the religious liberty guaranteed by the First Amendment to the United States Constitution.
...
The amendment process requires the ratification of three-quarters of the states, not a mere 5 out of 9 Justices on the Supreme Court.
...
Although the Court could suggest that the Constitution would benefit from a particular amendment, the Court does not possess the authority to insert the amendment into the Constitution by the vehicle of a Court opinion and then to demand compliance with it.
This is the first case on homosexuals issues I have heard of where a State supreme court has nullified the US supreme court’s orders. This should be the hottest news topic of the day!
“Don’t understand the conflicting info.”
Someone giving conflicting info didn’t read the order. I read it. It is clear.
The Alabama’s March 4th order dismisses all petitions and orders related to the Alabama supreme court’s prior order to Alabama government officials NOT to issue homosexual marriage certificates.
They dismissed all requests about the case as they do not want to allow ANY cracks in that foundation. They stood firm and dismissed the US supreme court order.
I agree, and we can thank the current occupier of the White House for it.
Excellent
Well, you have to understand that gay marriage and Bruce Jenner really freaked a lot of people out.
A lot of people that won’t talk publicly about it, but I am sure this also has a lot to do with why GOPe are losing, and why Cruz is doing better than Rubio.
"On June 26, 2015, by a bare 5-4 majority, the United States Supreme Court declared that all states must now recognize a fundamental right to "same-sex marriage." Obergefell v. Hodges, 576 U.S. ___, 135 S. Ct. 2584 (2015). Because the Alabama Supreme Court had previously issued orders in this case directing the probate judges of this State not to issue marriage licenses to couples of the same sex, the Court requested briefing on the effect of Obergefell on those orders. See Ex parte State ex rel. Alabama Policy Inst., [Ms. 1140460, March 3, March 10, & March 12, 2015] ___ So. 3d ___ (Ala. 2015). Today this Court by order dismisses all pending motions and petitions and issues the certificate of judgment in this case. That action does not disturb the existing March orders in this case or the Court's holding therein that the Sanctity of Marriage Amendment, art. I, § 36.03, Ala. Const. 1901, and the Alabama Marriage Protection Act, § 30-1-9, Ala. Code 1975, are constitutional. Therefore, and for the reasons stated below, I concur with the order."
“A lot of people that won’t talk publicly about it, but I am sure this also has a lot to do with why GOPe are losing, and why Cruz is doing better than Rubio.”
Without question. The homosexual agenda is driving much of this as the eGOP has been complicit and ineffectual at stopping it and the people are holding them accountable.
On one hand Ted Cruz professed on a TV interview that the Senate must go eGOP and they would immediately overturn ObamaCare, so we voted them in but they did nothing.
good. a few more patriots, this time in Alabama judicial robes, have decided to put themselves between We the People and the “tanks.”
Sadly we have already lost the culture war.
10th Amendment bump
Things are about to get VERY interesting methinks...
Ping
Great exercise of states’ 10th Amendment rights. I hope to see my own state of Texas soon follow suit.
Kiss our grits, Obama!
Woo-hoo!
The Alabama court ruling in no way deprives homosexuals of their right to choose sodomy. It just reaffirms that sodomy and marriage aren’t the same, and in the context of society at large, it really does make a difference.
It’s BEEN brewing. For almost eight years.
“Sadly we have already lost the culture war.”
No, we haven’t. Stop giving up!
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