Will the Alabama Supreme Court Justice Be Able to Uphold Traditional Marriage After All?

Abigail Robertson : Jan 29, 2015
CBN News

"The people of Alabama voted in a constitutional amendment to define marriage as being between man and woman." -Gov. Bentley

(Alabama)—[CBN News] Alabama Supreme Court Chief Justice Roy Moore said he plans to uphold the state's current law that limits marriage to heterosexual couples only. (Photo via AL.com)

In a letter to Gov. Robert Bentley this week he urged Bentley to do the same.

The letter was sent in response to last Friday's ruling by U.S. District Judge Callie Granade, which overturns Alabama's voter-approved amendment defining marriage as being between one man and one woman.

The new ruling will allow gay and lesbian couples in Alabama to legally wed by February 9. If it stands, it will directly contradict the 81 percent of Alabama citizens who voted in favor of the Alabama Sanctity of Marriage Amendment in 2006, which makes it unconstitutional for the state to recognize or perform same sex marriages.

Justice Moore argues the ruling, "has raised serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment... nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage."

"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," he said.

Justice Moore also urged state probate judges not to issue marriage licenses to same-sex couples once the federal judge's mandate goes into effect.

Gov. Bentley showed his support for Justice Moore.

"The people of Alabama voted in a constitutional amendment to define marriage as being between man and woman," he said in a statement. "As governor, I must uphold the Constitution. I am disappointed in Friday's ruling, and I will continue to oppose this ruling. The federal government must not infringe on the rights of states."

Despite both leaders presenting a united front against Judge Granade's ruling, other Alabama groups like the Southern Poverty Law Center, a civil rights group founded in 1971, feel differently.

The SPLC filed an ethics charge against Justice Moore on Wednesday, claiming he has "improperly commented on pending and impending cases; demonstrated faithlessness to foundational principles of law; and taken affirmative steps to undermine public confidence in the integrity of the judiciary."

If the U.S. district judge's order stands, Alabama would become the 37th state where gay marriage is legal.