Chief Justice Roy Moore of the Alabama Supreme Court has taken a stand against judicial tyranny on the matter of natural marriage. And strikingly and importantly, he has called on the governor of Alabama to do the same.
Last Friday, another judicial activist, U.S. District Judge Callie Granade, overturned Alabama’s marriage amendment, which was passed in 2006 by a staggering 81% of voters. (The judge has stayed her own ruling for two weeks.)Justice Moore says he will not recognize the federal court ruling, and he is calling on Gov. Robert Bentley to do the same. And the beauty of it is that he is doing it all on solid constitutional grounds.
Read more here
His letter to the Governor is available here.
Here is much of the letter:
The recent ruling of Judge Callie Granade of the United States District Court for the Southern District of Alabama has raised serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment ...
As you know, nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage. The people of this state have specifically recognized in our Constitution that marriage is “[a] sacred covenant, solemnized between a man and a woman”; that “[a] marriage contracted between individuals of the same sex is invalid in this state”; and that “[a] union replicating marriage of or between persons of the same sex … shall be considered and treated in all respects as having no legal force or effect in this state.” ...
The Supreme Court of Alabama has likewise described marriage as “a divine institution,” imposing upon the parties “higher moral and religious obligations than those imposed by any mere human institution or government.” ...
The laws of this state have always recognized the Biblical admonition stated by our Lord:
But from the beginning of the creation God made them male and female. For this cause shall a man leave father and mother, and cleave to his wife; And they twain shall be one flesh: so then they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder. (Mark 10:6-9).
Even the United States Supreme Court has repeatedly recognized that the basic foundation of marriage and family upon which our Country rests is “the union for life of one man and one woman in the holy estate of matrimony; the sure foundation of all that is stable and noble in our civilization; the best guaranty of that reverent morality which is the source of all beneficent progress in social and political improvement.” Murphy v. Ramsey, 114 U.S. 15, 45 (1885) (quoted in United States v. Bitty, 208 U.S. 393, 401 (1908)).
Today the destruction of that institution is upon us by federal courts using specious pretexts based on the Equal Protection, Due Process, and Full Faith and Credit Clauses of the United States Constitution. As of this date, 44 federal courts have imposed by judicial fiat same-sex marriages in 21 states of the Union, overturning the express will of the people in those states. If we are to preserve that “reverent morality which is our source of all beneficent progress in social and political improvement,” then we must act to oppose such tyranny! … I ask you to continue to uphold and support the Alabama Constitution with respect to marriage, both for the welfare of this state and for our posterity. Be advised that I stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority.