Judge Roy Moore
Alabama Supreme Court Chief Justice Roy Moore on Sunday issued a rare weekend order to the state’s judiciary – banning officials from recognizing same-sex “marriage.” The order was made even more rare by the fact that it conflicts directly with a ruling from a U.S. district judge who is demanding the state recognize same-sex “marriage” starting on Monday.
“Effectively immediately, no probate judge of the state of Alabama nor any agent or employee of any Alabama probate judge shall issue or recognize a marriage license that is inconsistent with Article 1, Section 36.03, of the Alabama Constitution or [Paragraph] 30-1-19, Ala. Code 1975,” said his order, which was dispatched to all state probate judges as well as circuit and district judges Sunday night.
A copy was obtained by WND.
The fight is over an order from U.S. District Judge Callie Granade, who told the state to recognize the alternative “marriages” starting Monday. But Moore has cited court precedent that federal district judges cannot impose their rulings on state courts, who, he said, have an equal right to interpret the U.S. Constitution.
He determined that the U.S. Supreme Court is the only court that can overrule the state courts, who had concluded in the fight over marriage that the state constitution, which specifically forbids the recognition of same-sex “marriage,” is valid.
That determination came before the federal judge intervened in the state’s issue.
In his order, Moore noted that he has a responsibility to manage the judicial department’s affairs, and, as he wrote in a letter and memorandum on Feb. 2, “Probate judges of Alabama are not bound by the orders of January 23, 2015, and January 28, 2015, in the case of Searcy v. Strange…”
“Pursuant to Rule 65 of the Federal Rules of Civil Procedure, the aforementioned orders bind only the Alabama attorney general and do not bind the probate judges of Alabama who, as members of the judicial branch, neither act as agents or employees of the attorney general nor in concert or participation with him…”
The attorney general, Moore noted, has no authority to issue marriage licenses.
“Should any probate judge of this state fail to follow the Constitution and the statutes of Alabama as stated, it would be the responsibility of the chief executive officer of the state of Alabama, Gov. Robert Bentley, in whom the Constitution vests ‘the supreme executive power of this state,’ … to ensure the execution of the law.”
Written by BOB UNRUH
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