Another Update on The Gay in Alabama: State Supreme Court “Overrules” Federal District Court

Sigh. To me, this is neither a conservative, nor a liberal issue at this point. (Though maybe it is? State supremacy = conservative cause?) Here’s the latest from Alabama, just in Sunday night (so less than 12 hrs old): “Alabama Judges Ordered to Halt ‘Halt’ Weddings.” It’s by Cheryl Chumley, who I haven’t seen before on WND.

And let’s be very clear: It’s not the weddings at issue, it’s the issuance of marriage licenses.

Anyway, the decision was 7 to 1 with Roy Moore recusing himself (probably the only thing he’s done right in this, in my opinion). The dissenting judge effectively told his co-justicies: “WTF, are you high?” He actually that he didn’t think the case was properly filed, the court had any jurisdiction, and that public interest groups could sue in Alabama’s name, since it was outside groups and not the Governor, Legislature, nor Attorney General who sued.

The issue for me is that second one: Jurisdiction. Article 6, Clause 2 of the United States Constitution clearly says:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

Most people I know interpret this to mean that federal laws and courts have supremacy over state. In other words, the Federal District Court Judge’s ruling has supremacy over a state Supreme Court.

This is besides the fact that I think this is a ruling meant to uphold a hugely discriminatory law. Or, as God put it today:

God Tweets on Alabama Supreme Court

Surprising Stories that WND Hasn’t Talked About, Part 2: Alabama’s Same-Sex Marriage Ruling Applies to All Counties

I posted once and twice last week about the developments in Alabama. World Net Daily happily covered the drama and the Christian Soldiers (mainly Roy Moore) fighting against marriage equality and for judicial nullification (which is odd, considering that Roy Moore is a judge).

What happened on Thursday is that the plaintiffs in one of the counties where a probate judge was following Moore and not the federal ruling is that the US District Judge Callie Granade clarified her ruling and stated it applied to all probate judges. Most counties fell within a day or two, but there are still about a dozen holdouts praying that Moore is right.

What’s surprising to me is that there was nary a peep out of WND about that development. Nothing. After all their coverage in the week before it, there was not a single article nor news snippet about this for the past five days.

Recap of First Day of Marriage Equality in Alabama: Legal Maneuvering while Loving Couples Left Waiting

As I said in my post two days ago, Monday would be interesting in Alabama with all the legal stuff (and, I would argue, illegal stuff) going on. I think the headlines are what really tell much of the story.

From World Net Daily, we have these, all written by Anti-Homo-in-Chief Bob Unruh (all comment counts are preliminary since these are less than 24 hours old):

• “Alabama Begins Marrying ‘Gay’ Couples*” –Bob Unruh (February 09, 2015), 595 comments
• “Judge Roy Moore Defies Feds: ‘Law Is Very Clear'” –Bob Unruh (February 09, 2015), 888 comments
• “Federal Judge Refuses Sanctions in ‘Gay Marriage’ Case” –Bob Unruh (February 09, 2015), 35 comments

*This story has gone through at least four different headlines. The first was, “Drastic Measure Taken on ‘Gay’ Marriage.” The second, I didn’t copy down. The third was “Supremes Won’t Stop ‘Gay’ Marriage,” and the last one I saw was “Alabama Begins Marrying ‘Gay’ Couples.”

And, I have lots of headlines from other news outlets, including many from blogger Joe Jervis at “Joe.My.God” or “JMG” for short. These are in temporal order, starting late Sunday night, and by reading the headlines, you’ll be able to tell a lot of what happened.

• “BREAKING: Alabama Supreme Court Chief Justice Roy Moore Orders Officials Not To Issue Same-Sex Marriage Licenses” –Joe Jervis via Joe My God
• “Ala Chief Justice Tells Judges: Refuse Gay Marriage Licenses” –Kim Chandler via ABC News / AP
• “Alabama Judge Defies Gay Marriage Law” –Alan Blinder via New York Times
• “Alabama Chief Justice Roy Moore Orders Probate Judges Not to Issue Same-Sex Marriage Licenses” –Hemant Mehta via The Friendly Atheist
• “Alabama’s Chief Justice Refuses to Allow Same-Sex Marriages” –Neal Broverman via Advocate
• “Is Roy Moore protesting too much?” –Kyle Whittier via AL.com
• “Supreme Court Refuses to Halt Same-Sex Marriage in Alabama” –Reuters via The Raw Story
• “Alabama AG Luther Strange Has the Sadz” –Joe Jervis via Joe My God
• “Same-Sex Couples Wed in Alabama Despite Efforts to Block Them” –Eliott C. McLaughlin via CNN
• “Read the Supreme Court’s Order Allowing Same Sex Marriages in Alabama” –Mark Berman via Washington Post
• “Alabama Chief Justice Orders State Judges to Defy Federal Court Judge. State Judges Defy Alabama Chief Justice” –Dale Carpenter via Washington Post
• “ALABAMA: Majority Of 67 Counties Are Issuing Same-Sex Marriage Licenses” –Joe Jervis via Joe My God
• “Same-Sex Marriages Proceed in Parts of Alabama, Amid Judicial Chaos” –Alan Blinder and Richard Pérez-Peña via The New York Times
• “Why Roy Moore’s Gay Marriage Gambit Isn’t Just Alabama Being Alabama” –Phillip Bump via Washington Post
• “Alabama’s ‘Ten Commandments Judge’ Defies the Feds Over Gay Marriage” –Josh Sanburn via Time
• “ALABAMA: Governor Refuses To Take Any Action Against Probate Judges” –Joe Jervis via Joe My God
• “Justice Roy Moore Has The Sadz” –Joe Jervis via Joe My God
• “ALABAMA: Plaintiffs File Federal Contempt Motion Against Mobile County Judge” –Joe Jervis via Joe My God
• “Alabama Was a Final Holdout on Desegregation and Interracial Marriage. It Could Happen Again on Gay Marriage” –Aaron Blake via Washington Post
• “A National Right to Same-Sex Marriage Is a Done Deal” –Orin Kerr via Washington Post
• “Alabama’s Chief Justice Is Trying to Stave Off Gay Marriage. Welcome to the Last Stand” –Hunter Schwarz via Washington Post
• “The ‘Ten Commandments Judge’ Has Lost — Same-Sex Couples Are Getting Married in Alabama” –Reuters via The Raw Story
• “ALABAMA: Number Of Counties Refusing Same-Sex Licenses Grows Dramatically” –Joe Jervis via Joe My God
• “Roy Moore: I’m No George Wallace” –Joe Jervis via Joe My God
• “ALABAMA: Federal Judge Denies Contempt Order Against Mobile County Judge” –Joe Jervis via Joe My God
• “Roy Moore Will Stop Alabama from Turning into Sodom and Gomorrah” –Brian Tashman via Right Wing Watch
• “WATCH: Alabama Officials Continue Attempts to Stop Marriage” –Matt Baume via Advocate
• “Alabama, Where Same-Sex Marriage Remains Deeply Unpopular” –Nate Cohn via New York Times
• “ALABAMA: Plaintiffs Sue Everybody” –Joe Jervis via Joe My God
• “REPORT: Roy Moore to File Charges Against Judges Who Issue Licenses” –Joe Jervis via Joe My God
• “ALABAMA: Three Counties Relent” –Joe Jervis via Joe My God
• “Alabama Gov. Won’t Defy Gay Marriage: ‘I’m Trying To Move This State Forward'” –Kim Chandler and Jay Reeves via Talking Points Memo
• “ALABAMA: Where Things Stand Today” –a Joe Jervis via Joe My God
• “Alabama’s Roy Moore: I blocked gay marriages because father-daughter weddings were next” –David Edwards via The Raw Story
• “Alabama Gay Marriage Advocates Renew Legal Push for Licenses” –Richard Pérez-Peña and Richard Fausset via New York Times
• “Alabama activists seek court leverage amid standoff over same-sex marriage” –Sandhya Somashekhar via Washington Post
• “For Alabama Chief Justice, Soldiering in Name of God Is Nothing New” –Richard Fausset via New York Times
• “Supreme Court Undercuts Alabama Chief Justice’s Argument to Delay Same-Sex Marriages” –Erik Ekholm via New York Times
• “Clarence Thomas faults Supreme Court for refusing to block gay marriage in Alabama” –Robert Barnes via Washington Post

That is a lot of news coverage. To try to summarize for y’all who don’t want to even skim that list, there was a basic sequence of events:

1. Judge Roy Moore on Sunday night sent a letter to all probate court judges telling them NOT to issue marriage licenses to same-sex couples. He stated in the letter that the Governor could take action against them if they did, though the Governor’s office said they had no idea what Moore was talking about. Because, you know, The Bible. And Icky Stuff.
   

   “The U.S. district courts have no power or authority to redefine marriage. Once you start redefining marriage, that’s the ultimate power. Would it overturn the laws of incest? Bigamy? Polygamy? How far do they go? A lot of states in this union have caved to such unlawful authority, and this is not one This is Alabama. We don’t give up the recognition that law has bounds. I disagree with standing in the schoolhouse door to prevent blacks from getting equal education. We’re talking about a constitutional amendment to preserve the recognition that marriage is one man and one woman, as it has been for centuries.” – Alabama Supreme Court Chief Justice Roy Moore, speaking this afternoon to NBC News.

2. This created a patchwork of counties in Alabama that were offering licenses to everyone (few), offering licenses only to opposite-sex couples (more), or none at all (most).
   

   Alabama Counties Status of Marriage Licenses, February 10, 2015

3. The Governor came out and said that he wasn’t going to do anything against probate judges who followed Moore’s directive or who followed the Federal court’s directive. But he did NOT want to be compared to Gov. George Wallace who, half a century ago, stood in the way of National Guard troops after the Federal courts ruled against desegregation. (This comparison was being made a lot yesterday.)
   

   Gov. Robert Bentley, a Republican and a Southern Baptist, said he believes strongly that marriage is between one man and one woman, but that the issue should be “worked out through the proper legal channels” and not through defiance of the law. The governor noted that Alabama is about to be in the spotlight again with the 50th anniversary of the Voting Rights Act of 1965, which was passed after civil rights marchers were attacked and beaten in Selma, Alabama — events chronicled in the Oscar-nominated movie “Selma.” “I don’t want Alabama to be seen as it was 50 years ago when a federal law was defied. I’m not going to do that,” Bentley said in an exclusive interview with The Associated Press.

4. Some judges refusing to comply with the the Federal order were mocked.
   
   

   Alabama Probate Judge Refusing to Follow the US Constitution

5. Others were sued, but the Federal judge did nothing:
   

   Probate Judge Don Davis is not a party in this case and the Order of January 23, 2015, did not directly order Davis to do anything. Judge Davis’s obligation to follow the Constitution does not arise from this court’s Order. The Clarification Order noted that actions against Judge Davis or others who fail to follow the Constitution could be initiated by persons who are harmed by their failure to follow the law. However, no such action is before the Court at this time.

6. So, the actual plaintiffs are now suing.

That’s kinda where we are today, or as of noon today. I could talk about a lot of issues here. Including Judge Moore making many of his arguments on Facebook, and then deleting them, like the one below.

One of Roy Moore’s Rants on Facebook that Were Deleted

Or that this is a huge case of judicial activism, which I thought conservatives were against. Or questions about authority, and whether Moore actually has any authority over probate judges. Or the apt or inapt comparisons to George Wallace. Or that in the refusal of the Supreme Court of the United States to grant a stay of the Federal judge’s order could be interpreted (by Justice Thomas’ own remarks) as the tacit admission that that is how the Supreme Court will rule later this year.

Instead, I think I’ll just point out the real effect here: In all this posturing, to try to uphold their religion (and let’s be honest: There is no reason to be against this other than religion, and it’s what’s been the focus of all Moore’s (and others’) arguments), they are hurting real people. People who love each other and just want the recognition of the state that opposite-sex couples have always enjoyed. This isn’t just some vague issue. It’s a real one with real victims.

Judge Roy Moore and His Flagrant Disregard for the Law, Again, Due to The Gays

This is a long post, and a developing situation at that. I first became aware of Judge Roy Moore, the “Ten Commandments Judge,” a decade ago when I was in college. He refused to comply with a court order to remove a massive monument of the Ten Commandments from his courthouse, and because of that, he was stripped of his judgeship.

For this, he was made both into a martyr for the cause and something of a minor celebrity among the far-right who are über-religious.

Then, a little under a decade later, the (adjective removed) people of Alabama decided to elect him yet again to be the Supreme Court Chief Justice (of Alabama). Seems to me that a man who refuses to follow the ruling of the courts has no business being a judge.

And, he’s at it again. Specifically, the Federal court in Alabama ruled as every single other court (except the 6th Circuit) has for the past few years: the state ban on issuing marriage licenses to two people of the same gender is unconstitutional. Moore is all about nullification.

This post is made from several WND posts:

• “Roy Moore Ignores U.S. Ruling on ‘Gay’ Marriage” –News Snippet (January 28, 2015), 98 comments
• “State’s Chief Justice: ‘Marriage’ Case Already Decided” –Bob Unruh (January 28, 2015), 143 comments
• “State Chief Justice: Don’t Bend to Feds on ‘Gay’ Marriage” –Bob Unruh (February 03, 2015), 118 comments
• “Marriage Fight Pits Court v. Court in Alabama” –Bob Unruh (February 06, 2015), 261 comments

It is also made from several posts on other sites:

• “ALABAMA: SPLC Files Judicial Ethics Complaint Against Judge Roy Moore” –Joe My God (January 28, 2015)
• “ALABAMA: Federal Judge Clarifies Ruling, All Counties Must Issue Licenses” –Joe My God (January 28, 2015)
• “ALABAMA: Probate Judges Cave, Agree To Issue Marriage Licenses After Stay Ends” –Joe My God (January 28, 2015)
• “Alabama Supreme Court Chief Justice Encourages Defiance on Gay Marriage Ruling” –Jonathan Kaminsky via The Raw Story (January 29, 2015)
• “Anti-LGBT Groups Cheer On Roy Moore’s Standoff With Federal Courts” –Miranda Blue via Right Wing Watch (January 29, 2015)
• “Meet Alabama Chief Justice Roy Moore’s Son, Lover Of Poon, Hoes, And “Niggas”” –Joe My God (January 29, 2015)
• “Alabama on a Collision Course with the Supreme Court Over Gay Marriage” –Amanda Holpuch for The Guardian via The Raw Story (January 30, 2015)
• “Alabama’s Judge Roy Moore Doubles Down on Pledge to Defy Marriage Equality” –Matt Baume via The Advocate (January 31, 2015)
• “Roy Moore: ‘Institution Of Marriage That God Ordained’ Is ‘Under Sustained Attack From Federal Judges'” –Miranda Blue via Right Wing Watch (February 02, 2015)
• “ALABAMA: Justice Roy Moore Tells State Officials Not To Issue Marriage Licenses” –Joe My God (February 04, 2015)
• “ALABAMA: HRC Petitions State To Take Action Against Chief Justice Roy Moore” –Joe My God (February 06, 2015)

Really, that first news snippet lays out the entire initiation:

Alabama Supreme Court Chief Justice Roy Moore has released a letter to Gov. Robert Bentley saying that he intends to continue to recognize the state’s constitutional ban on same-sex marriage and urging the governor to do so.

Moore’s office released the three-page letter that was delivered to the governor this morning in response to a federal judge’s ruling Friday striking down the ban.

“As Chief Justice of the Alabama Supreme Court, I will continue to recognize the Alabama Constitution and the will of the people overwhelmingly expressed in the Sanctity of Marriage Amendment,” Moore wrote.

The problem is that legally (by court precedent, by federal law, and, well, the results of the Civil War), federal law trumps state law. Federal courts trump state courts. Federal Constitution trumps state constitution. There’s something called the Supremacy Clause in the US Constitution about this. But, Moore seems to think that only the Supreme Court can void a state law: “Moore said court precedents from throughout the state’s history make it clear that only the U.S. Supreme Court can overturn the highest court decision in the state system, so Granade’s decision, and a temporarily delayed order implementing it, was out of line.” FYI, this particular District Judge was an appointee of former President George W. Bush.

Pretty much everyone disagrees with him. For example: “Ronald Krotoszynski, a constitutional law expert at the University of Alabama School of Law, said Moore’s words carry little legal weight, as federal constitutional law trumps that of states. “There is no credible legal argument that an order from a federal judge with jurisdiction over a matter isn’t binding on a state government,” he said.””

As a side bar, Moore founded a group called the Foundation for Moral Law. It’s now run by his wife. Officially, the group has not responded to Moore’s letter to the governor, though it has said this:

“Alabamians approved the 2006 Sanctity of Marriage Amendment by 81% of the vote,” she said, “and the will of the people should not be lightly discarded in favor of an alleged right that is found nowhere in the Constitution.” She added that the Foundation bears no animus toward the plaintiffs in this case or in any other: “Jesus loves them, and He died for their sins as well as for mine. But homosexual conduct is still sin, and we must stand firm for what is right.”

As another (completely gratuitous) side bar, Judge Moore’s son isn’t as clean-cut as his papa, as JMG pointed out on January 29. His Twitter feed was quickly made private, but that was after people grabbed screenshots of him writing such illuminating things as: “Happiest of days to you my man @Tcopeland4 may much poon come your way #birthdaybash2014” or “I would love to meet the folks who think they go harder than these niggas #thecrew @Tcopeland4 @woods457 @JLHrastamon @Kyul_Landers” And lots of pictures of him with lots of alcohol.

Back to the story … In response to Moore’s letter urging the Governor to ignore the federal court ruling, the SPLC (Southern Poverty Law Center) has filed a formal judicial ethics complaint against Judge Moore:

over his public statements urging the governor and Alabama judges to defy federal law and enforce Alabama’s ban on same-sex marriages. The complaint was filed with the Judicial Inquiry Commission of Alabama, which could recommend that Moore face ethics charges in the Alabama Court of the Judiciary. That court removed Moore from the office of chief justice 12 years ago after he refused to comply with a federal court order to remove a Ten Commandments monument from the state judicial building.

“Moore is once again wrapping himself in the Bible and thumbing his nose at the federal courts and federal law,” said SPLC President Richard Cohen. “As a private citizen, Moore is entitled to his views. But as the chief justice of Alabama, he has a responsibility to recognize the supremacy of federal law and to conform his conduct to the canons of judicial ethics.”

JMG points out, “It was the SPLC’s 2003 complaint that first got Moore booted off the Alabama Supreme Court. He was reelected in 2012.”

At the same time as this, probate judges in Alabama were hoping for what the county clerks of Florida did, as well, but ultimately didn’t get: That maybe the Federal judge’s ruling would only apply to those particular plaintiffs and/or that particular county. No such luck, as the second JMG post I linked to points out: “Federal Judge Granade today clarified her ruling from last Friday, stipulating that it does indeed apply to all Alabama counties. […] Granade’s clarification cites federal Judge Robert Hinkle’s similar ruling in Florida.”

And, “The Alabama Probate Judges Association said it would follow her judgement.”

Moore, however, is not backing down. In response: “Alabama’s chief justice is telling probate judges that they are not required to issue marriage licenses to same-sex couples, despite a federal judge’s decision overturning the state’s gay marriage ban. Roy Moore sent a letter Tuesday to probate judges, saying the judge’s decision isn’t binding on them.”

And, in response to that, the SPLC filed another ethics charge against Moore.

Besides interviews to such fair and balanced outlets as World Net Daily, he’s been on radio programs such as with Tony Perkins’ “Washington Watch” (Perkins is president of the Family Research Council), and with Sandy Rios on the American Family Association’s show. These may not help him if he is brought up, again, on ethics charges. This quote deals with his appearance with Perkins:

His latest appearance may turn out to be a gift to the Southern Poverty Law Center, which earlier this week filed a complaint against the Chief Justice after he first pledged to ignore pro-equality rulings. SPLC pointed out that Moore’s declaration constitutes numerous ethics violations, such as commenting on a pending case and encouraging lawlessness.

In his conversation with Perkins, Moore also lamented that the country no longer arrests and imprisons gays and lesbians, approvingly citing the 1986 case Bowers v. Hardwick, which legitimized anti-LGBT harassment by police. The FRC filed an antigay brief in the 2003 case Lawrence v. Texas, which overturned the Bowers ruling.

But, it’s not just the SPLC that is getting into this. The Human Rights Campaign (HRC) has started a petition that demands the Judicial Inquiry Commission take action against Judge Moore.

I’m getting this post out today because tomorrow, Monday February 9, the stay on Judge Granade’s order is lifted, and probate judges must begin to issue marriage licenses to same-sex couples or be in contempt of that court order.

Another Falsification of God’s Existence?

I’m a scientist. That means I start with a hypothesis and I design an experiment to test that. If my experiment is negative, that falsifies my hypothesis — it means my hypothesis is wrong. Christians are immune to that.

Take, for example, an article posted on WND three days ago: “Christians ‘Save Alabama’ with Prayer, Fasting.” The article is quoted from AL.com and is in part:

The Christian Coalition of Alabama is launching a campaign to “Save Alabama” through prayer.

The organization is asking Christians across the state to spend the next 49 days praying and fasting with the goal of improving the “seven pillars” of spirituality, sanctity of life, family, education, health, poverty, and economic development/the political process in Alabama.

The prayer campaign includes a new interactive website and an email that will be sent to approximately 900,000 homes in the coming days, said Christian Coalition Executive Director Rev. James Henderson. A Charismatic Episcopal priest from Morgan County, Henderson is a leader of the state’s anti-abortion movement.

They have a hypothesis: God doesn’t like certain things, and because this omnipotent being has a hearing issue (or sight issue?), we need to pray to it so that it knows that stuff it doesn’t like is going on. And then it’s going to change that stuff to make it the way it likes it.

Only … what happens if nothing changes? To me, that would falsify at least some part of the hypothesis. You only have three parts here: The deity doesn’t exist, the deity actually likes what’s going on, or your prayers don’t work. My guess is that they are going to go with the last one, or somehow claim that they do work, that God just works in mysterious ways.

Problem is, this happens all the time. Remember Rick Perry’s prayers for rain in Texas back in 2011 (or was it 2010)? Nothing changed. Or his giant prayer rally that totally-I-swear-was-not-to-rile-up-the-religious-before-I-announced-my-candidacy but really was) that didn’t change anything or help his very, VERY bad presidential run. Rick Perry’s just a bit fun to pick on, but as I said, he’s one example of this happening all the time. And yet, nothing changes. And yet, they refuse to falsify any part of their hypothesis.

The story, posted three days ago, has gotten 4 ratings and averages only 3.00/5. It has also only garnered 8 comments. The highest-rated is by “kingdad” with 13 up-votes and 2 down-votes. It’s full of a lot of capitalization which is just kinda funny to see:

Best Wishes for a successful 49 Days of Prayer and Fasting! Alabama like so many other states needs such dedicated people to pray for the State, Its Leadership at every level, its people, who are good and decent God Fearing Folks (if my visits there are any indication of them), and the various Christian Communities there that have united to help make Alabama a better Place to live. God Bless your Efforts, God Save as many Souls as Possible, and May the State and People of Alabama experience a Holy Spirit Revival, Renewal and Resurrection of Godly Lives and Principles to the Glory of God the Father, the Son and the Holy Spirit!

Christians Unite and Let’s Take Back America and the World for Christ Jesus!

Now, with that in mind, I don’t necessarily have a problem with this. It’s a religious, non-political group not using public funds asking their members to (basically) wish for something. It’s not really hurting anyone and not violating any church-state separation. I personally think it’s a waste of time and energy, but so what? That’s they’re choice. I also don’t really like what they’re praying for, but again, it’s their choice and that’s why we live in a democracy.