Justice Roy Moore insists Alabama defines marriage as between one man and one woman and bans gay marriage

Homosexual Equivalency advocacy groups are angry

On Wednesday morning, Chief Justice Roy Moore issued an administrative order upholding the ruling made last March by the Alabama Supreme Court in which probate judges are not to issue marriage licenses contrary to the State's constitutional amendment which defines marriage as between one man and one woman. It has caused quite a stir.

LOS ANGELES, CA (Catholic Online) - Chief Justice Roy Moore, who is well-known for his refusal to remove a Ten Commandments monument from the front of a courthouse, has appeared on the news radar again for his direction to probate judges in Alabama not to issue marriage licenses to same-sex couples.

The administrative order came after the U.S. Supreme Court's Obergefell ruling of last year. In that opinion, five justices purported to be able to change the definition of marriage beyond what it has always meant, the union between one man and one woman.

With no basis in the constitution, or any past precedent to rely upon, the five justices took it upon them selves to change the structure of reality by changing the definition of marriage by judicial fiat. In effect, they redefined the word "marriage" and entered into the ongoing effort to restructure the social order. They also sought to impose their position on every State, no matter what the people of the individual states had determined by ballot or constitutional amendment.

In an administrative order he issued on Wednesday, Justice Moore wrote that probate judges "have a ministerial duty not to issue any marriage license contrary" to Alabama's law and constitutional amendment which define marriage as solely between one man and one woman and bans same-sex marriage.

In this four-page administrative order he stated that the conflict between Alabama State law and the U.S. Supreme Court ruling causes "confusion and uncertainty" among probate judges, leading to several of them issuing marriage licenses to same-sex couples, while the rest either issued licenses strictly to men and women seeking to marry - or not at all.

"This disparity affects the administration of justice in this state," Moore wrote.

Meanwhile, Rep. Patricia Todd, the state director of the Human Rights Campaign (HRC) - the largest national advocacy for the homosexual equivalency movement and an opponent of marriage as solely possible between one man and one woman- claimed that it is Moore who is causing the confusion among probate judges.

She opined that the marriage issue was settled by the U.S. Supreme Court and Moore should not be allowed to "pick and choose" which rulings to follow."The reality is he's wrong," Todd said. "Let's get on and deal with the real issues facing Alabama."

The HRC's national organization released a statement following Moore's administrative order, with its Legal Director, Sarah Warbelow, stating:

"Yet again, Chief Justice Roy Moore is flagrantly defying the rule of law, and empowering those who wish to stand between same-sex couples and their constitutional right to marry the person they love. Regardless of what Roy Moore says, marriage equality is the law of the land. His obstructionist tactics tarnish the reputation of the great state of Alabama, and we urge all of the state's probate judges to issue licenses to same-sex couples, as is their duty under the law."

U.S. District Judge Ginny Granade recently opined that Alabama law violated the decision of the US Supreme Court ruling in the Obergefell decision. Many people, including Justice Moore, take exception to that opinion of one federal judge. 

Moore admits federal and U.S. Supreme court opinions might effect the Alabama Supreme Court's ruling defending marriage as solely between one man and one woman, but directed that if and until the ban on issuing licenses for gay marriage is legally lifted, the ban would remain.

His position angered those who are committed to changing the cultural order by redefining marriage.
 
"I have a news flash for Roy Moore," Rev. Barry W. Lynn, executive director of Americans United stated. "The U.S. Supreme Court upheld marriage equality in June and the decision extends nationwide. All Alabama probate judges remain bound by a federal court order to issue marriage licenses to same-sex couples."

The Rev. Barry Lynn is an outspoken political "progressive" who is quick to disparage anyone who disagrees with him. That is evident in many ways, not the least of which is his involvement in the publication called "Right Wing Watch" which ridicules Christians who defend the Right to Life of children in the womb. It also routinely brands supporters of marriage as solely possible between one man and one woman as extremists.

Scott McCoy, a senior staff attorney for the Southern Poverty Law Center, added, "If probate judges violate the injunction, they can be held in contempt. This is Moore yet again confusing his role as chief justice with his personal anti-LGBT agenda."

It should be noted that the Southern Poverty Law Center has labeled many Christian groups as "hate groups" simply because they defend the Right to Life of Children in the womb and insist that marriage is solely possible between one man and one woman.

Others, outside of the radical progressive left, insist that Justice Moore is simply recognizing that there is a conflict between Alabama Law and the Obergefell decision, one which must be resolved. He notes in his order:

"On March 3, 2015 the Alabama Supreme Court issued a lengthy opinion upholding the constitutionality of Article I, Section 36.03(b), Ala. Const. 1901 ("the Sanctity of Marriage Amendment"), and Section 30-1-19(b), Ala. Code 1975 ("the Marriage Protection Act"), which both state: "Marriage is inherently a unique relationship between a man and a woman." Ex parte State ex rel. Alabama Policy Institute, [Ms. 1140460, March 3, 2015] ___ So. 3d ___ (Ala 2015)"
 
The ultimate effect of the Administrative order issued by Chief Justice Moore has yet to be seen. However, one thing is for certain, the struggle for defending marriage as between one man and one woman is far from over in Alabama. In fact, it is far from over nationally as well.   

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