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.
In Justice Moore’s letter to the governor (which you can read here) he states the constitutional and legal facts plainly and correctly. The Constitution, he says bluntly, gives no jurisdiction whatsoever to any branch of the federal government to dictate marriage policy to the states.
“As you know,” Judge Moore wrote, “nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage.”
This, of course, is manifestly true. The authority to dictate marriage policy to the states is conspicuously absent from the list of powers “We the People” granted to the central government in Article I, Section 8.
In fact, the word “marriage” does not occur anywhere in the Constitution. You can read it front to back, back to front, upside down and in Sanskrit and you will find nary a mention of marriage anywhere in there, including the 14th Amendment, which was about slavery, not marriage. (On top of that, homosexual conduct was a crime everywhere in the United States at the time the 14th Amendment was enacted.)