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Category Archives: Alabama

Sanctity of Marriage Alabama Organizes Rally in Support of Chief Justice Roy Moore

Sanctity of Marriage Alabama has announced a rally event supporting Chief Justice Roy Moore.  Their press release follows:

FOR IMMEDIATE RELEASE:
Media Contact: Tom Ford
Phone Number: (334)220-2319 

MEDIA ADVISORY

KAYLA MOORE, STATE SENATOR DICK BREWBAKER AMONG SPEAKERS TO ADDRESS RALLY IN SUPPORT OF CHIEF JUSTICE MOORE AT THE HEFLIN-TORBERT JUDICIAL BUILDINGSATURDAY

MONTGOMERY, AL (May 19, 2016) –

Sanctity of Marriage Alabama announced Thursday that Kayla Moore (wife of Chief Justice Roy Moore and President of the Foundation for Moral Law) and State Senator Dick Brewbaker (R-Montgomery) will be among the speakers to address supporters of Chief Justice Roy Moore at a statewide rally on Saturday.

Friends of Chief Justice Moore, conservative organizations across the state, and churches who support the Chief Justice’s stand for God, for marriage, and for the Constitution will rally at the Heflin-Torbert Judicial Building in Montgomery on Saturday, May 21st, 2016 from 11:00am – 12:00 noon. 

Rally organizers expect elected officials and pastors to publicly stand with Chief Justice Roy Moore recognizing that even as he stands for God’s truth, for marriage, and for the law, he has done nothing to deserve charges or suspension from his position. They also demand that the politically-motivated and unfounded charges be dismissed on the first day of any trial.

For more information visit www.iStandWithJudgeMoore.com, Facebook: Sanctity of Marriage Alabama, or call(334) 220-2319.

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Sanctity of Marriage Alabama is a grassroots organization that has mobilized thousands of Alabama citizens to stand with God’s Word and the law of the land for marriage between one man and one woman.

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NOM Hits the Airwaves in Response to Alabama Decision



Dear Marriage Supporter,

Late yesterday Alabama Supreme Court Justice Roy Moore issued an order preventing state judges from granting marriage licenses to same-sex couples until the full state Supreme Court can consider the implications of the US Supreme Court's decision in the Obergefell case purportedly redefining marriage.

I went on Megyn Kelly's "The Kelly File" show last night on Fox to defend Alabama's action and fought hard against the illegitimate and anti-constitutional ruling of the Supreme Court in Obergefell. I compared it to the Dred Scott decision upholding slavery, and the Buck v Bell ruling allowing forced sterilization of the mentally ill. And I pointed out that if we surrender important principles and values to five unelected judges on the Supreme Court, then we will have surrendered democracy itself.

Here's a link to the interview.

While I respect Megyn Kelly, she unfortunately articulated the pervasive, but wrong-headed, legal concept of judicial supremacy — that a decision of the US Supreme Court "settles" an issue and that everyone must act accordingly. There is no constitutional basis for this approach.

The US Supreme Court decision in Obergefell was anti-constitutional and illegitimate. They invented a right to same-sex 'marriage' out of thin air. There is nothing in our nation's laws, history or constitution that requires states to redefine marriage. The Supreme Court does not have the power to force the other branches of government to act, nor do they have the power to create positive law.

Under normal circumstances, the other branches of government, other federal courts, and the states will move to adjust their laws and practices to conform with a ruling of the US Supreme Court. However, when the Court issues an obviously erroneous ruling — as they did in Dred Scott, Buck and now in Obergefell — the other branches of government and the states must determine how to respond.

Over 70 prominent legal scholars have examined the issues in the Obergefell ruling and they have advised states to continue to uphold their state laws and state constitutional provisions regarding marriage.

Alabama, and other states, must review the decision to determine how it impacts their state constitutional definition of marriage. The litigants to the Obergefell case do not live in Alabama and the case that the Supreme Court considered did not arise from Alabama. Chief Justice Moore has suspended the issuing of same-sex marriage licenses in order for the state Supreme Court to decide for itself how to react to the Obergefell ruling.

I've been encouraged by some of the positive emails I received from NOM members right after I appeared on Megyn Kelly's show. One person wrote, "I wanted to compliment Mr. Brown regarding his appearance last night on the 'Kelly File'. What a strong commanding performance. Not an easy thing to accomplish as he was facing such a formidable presence in Megyn. He poignantly addressed her opposition with such skill & panache."

The US Supreme Court did not settle the issue of marriage. This decision remains up to the people of America, acting through their elected officials.

Faithfully,

Brian S Brown


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BREAKING: Alabama Chief Justice Orders State Judges To Refrain From Issuing Same-Sex 'Marriage' Licenses

BREAKING NEWS: Alabama Supreme Court Chief Justice Roy Moore has ordered state probate judges to continue to enforce a previous ruling of the state Supreme Court barring the issuance of marriage licenses to same-sex couples, despite the ruling of the US Supreme Court purportedly imposing same-sex marriage on the nation. Justice Moore's ruling will remain in place until the full state Supreme Court considers whether state judges are bound to continue to uphold the state's constitution, which provides that marriage can only be between one man and one woman.

While a narrow majority of the US Supreme Court purported to redefine marriage for the country in the Obergefell ruling, the case they considered only involved four states in the Sixth Circuit Court of Appeals. Since the Obergefell ruling, several developments have called into question the SCOTUS majority's claimed scope of their ruling.

A compelling statement issued by over seventy legal scholars made the case that the Obergefell ruling utterly lacked any constitutional basis, was anti-constitutional and illegitimate. They declared that state officials should consider the Obergefell ruling to be binding only on the specific parties to that case.

The Eighth Circuit Court of Appeals has ruled that that the Obergefell ruling did not directly invalidate the marriage laws of states under its jurisdiction.

And a District Court judge in Kansas was even more direct, ruling that Obergefell did not directly strike down Kansas law limiting marriage to one man and one woman.

These legal developments are consistent with the developing resistance in America to the Supreme Court's attempt to legislate from the bench when it comes to marriage, ignoring the federal constitution in the process and inventing out of thin air a "right" to same-sex 'marriage.'

The American people reject judicial activism of the US Supreme Court and their attempt to redefine marriage. They continue to support marriage as it has existed throughout our nation's history, the union of one man and one woman.

 

Groups Urge Alabama Supreme Court to Stand Strong for Marriage

The Constitution is the highest law in the land, not the Supreme Court. When the courts err by issuing an illegitimate decision that lacks constitutional basis, local and state governments are not required to broadly apply them. For this reason, two additional groups are calling for the Alabama Supreme Court to resist the United States Supreme Court’s illegitimate ruling declaring traditional marriage laws to be unconstitutional and purportedly ordering every state to issue ‘marriage’ licenses to same-sex couples.

The groups compare disregarding the ruling to the way that the Wisconsin Supreme court disregarded the mandates of the Fugitive Slave Act and the infamous Dred Scott decision of the Supreme Court. President Lincoln also refused to abide by that decision. These new filings are in addition to a filing by Liberty Counsel which similarly urged the state high court to ignore the Obergefell ruling. SFGATE reports on the situation:

ThinkstockPhotos-467245683The Alabama Policy Institute and the Alabama Citizens Action Program did not recommend what the court should do to resist the gay marriage decision.

At a minimum, the groups urged the Alabama justices to try to protect probate judges and their employees who don't want to issue the licenses on religious grounds.

"To require those individuals to participate in the solemnization and celebration of same-sex marriage is repugnant and antithetical to their religious convictions and conscience,” lawyers wrote.

Obergefell violates the First Amendment by forcing officials to act against their consciences. It is an illicit attack on the American way of life and it must be overturned.

Alabama Supreme Court Urged to Protect Religious Liberty

In a potentially significant development, Liberty Counsel has led a brief with the Alabama Supreme Court urging it to ignore the SCOTUS ruling on marriage, citing as precedent a state Supreme Court ruling in Wisconsin where that Court refused to follow the Supreme Court’s ruling in the infamous Dred Scott case.

The Alabama Supreme Court has been a staunch advocate for the decision of their elected officials and voters who overwhelmingly desire to preserve marriage as the union of one man and one woman. They refused to allow state clerks to issue marriage licenses to same-sex couples despite a federal judge’s order to do so. In the wake of the US Supreme Court’s illegitimate ruling imposing gay ‘marriage’ on the nation, the Alabama court asked for parties to their marriage litigation to file appropriate briefs advising the court what they should do in the wake of the Supreme Court decision in Obergefell v Hodges.

Liberty Counsel’s brief filed in response to the request has decried the Obergefell ruling as an unlawful and illegal federal usurpation of power that is reserved to the states. In an accompanying press release the group said, “A judicial opinion without constitutional basis is not law and should not be followed by any state or citizen.”

Below is language from their Press Release:

ThinkstockPhotos-78632601Montgomery, AL—In a brief to the Alabama Supreme Court, Liberty Counsel presented legal arguments following the opinion in the marriage case at the U.S. Supreme Court. “When considering the Supreme Court’s Obergefell opinion, state Supreme Courts should contemplate the “decision’s substantial assault on the Rule of Law, Democracy, and Natural Law, and its necessary diminishment of the constitutional right to Free Exercise of Religion,” Liberty Counsel told the Alabama Supreme Court.

Chief Justice John Roberts said it best: “[For] those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening….Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law.”

The Obergefell opinion is an assault on Democracy. Justice Antonin Scalia warned, “This practice of constitutional revision by an unelected committee of nine…robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”

ThinkstockPhotos-106536180The decision from five lawyers ignored the natural order of marriage: the union of a man and a woman who complement each other biologically and socially, which union produces children, creates a family, and builds society.

“Aside from undermining the political processes that protect our liberty, the majority’s decision threatens the religious liberty our Nation has long sought to protect,” Justice Clarence Thomas put forth in his dissent.

The brief by Liberty Counsel points out that the Wisconsin Supreme Court refused to follow the U.S. Supreme Court opinion in the Dred Scott case, which said that blacks were not entitled to full protection as citizens. The Liberty Counsel brief also urged the Alabama Supreme Court to protect the religious freedom of its citizens.

“There is existing precedent for a state’s highest court to reject an unlawful mandate from the U.S. Supreme Court,” said Mat Staver, Founder and Chairman of Liberty Counsel. Staver continued, “The hope of our Constitutional Republic rests upon state officials and American citizens who will refuse to allow five, black-robed judges to rob us of our free, representative form of government. A judicial opinion without constitutional basis is not law and should not be followed by any state or citizen.”

Liberty Counsel also asked Alabama’s High Court to ensure protection of the constitutional rights of Alabama probate judges and other Christian business owners. “Never before in America has a religious requirement been required to hold office or own a business, and it cannot begin now,” Staver cautioned. “To require Christians to pull out pages of their Bible in order to hold office or own a business is anti-American and it is unconstitutional, despite what any judge may say otherwise.”

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.

A Voice for Marriage in Alabama

In Alabama, fellow marriage defenders are working hard to protect marriage as the unique bond between one man and one woman. In the upcoming months, they are offering some wonderful opportunities for all to let their state leaders know what they, the people of Alabama, are fighting for the biblical, natural, and traditional definition of marriage. 

Read on to learn more about the events in Alabama, and be sure to check out their website: AlabamaforMarriage.com

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Alabama! Be a voice for truth: Marriage = One Man + One Woman
During the month of May, join thousands of believers at events across Alabama,
and in Montgomery on June 6th, to send a united message to elected officials,
the Supreme Court and to the world: Alabama is for Marriage.

The Alabama Supreme Court Battle

The US Supreme Court has set a precedent upholding the right of states to define marriage as the union of husband and wife. All federal and state judges—including those in Alabama—are bound by that precedent.

148044182In a recent post for the Public Discourse, NOM Chairman Dr. John Eastman outlines the underlying questions and facts that current developments in Alabama are bringing to the surface. When Alabama Supreme Court Chief Justice Roy Moore ordered probate judges to withhold issuing marriage licenses to same-sex couples, news stories abounded with accusations of discrimination on the part of Chief Justice Roy. After all, a federal district judge had already declared that the law defining marriage as between a man and woman is unconstitutional: surely Moore’s stance would be swiftly dismissed.

rmooreHowever, while same-sex marriage proponents cried “injustice” the entire Alabama Supreme Court ratified Chief Justice Moore’s stance with a 7-1 ruling. As same-sex marriage proponents continue to accuse Alabama of unconstitutional actions, Dr. Eastman reminds us that we have not one, but two judicial systems in America, and explains why a single order by a federal judge does not decide what the Constitution “really” says.

Federal courts exist side by side with state courts, and both have a duty to follow the US Constitution. Indeed, as Article VI of the Constitution makes clear, “All . . . judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.” Decisions of the lower federal courts—what the Constitution calls “inferior courts”—are not binding on the state courts. If the lower federal courts in a state interpret the Constitution in a way that conflicts with the interpretation adopted by the state courts, neither decision has binding effect on the other.

While a federal district court order declaring a state law unconstitutional and enjoining its enforcement can have statewide effect if there is a statewide official involved in the case before the court, that order can only bind the defendants named in the suit, their officers and agents, and “other persons who are in active concert or participation with” them, as specified in the Federal Rules of Civil Procedure. The order cannot bind people not before the court or acting in concert with them.

Under Alabama law, probate judges—who are responsible for issuing marriage licenses in Alabama—are judicial, not executive officers, and are entirely independent of the executive branch of government. Therefore, the order issued to the Attorney General of Alabama did not and could not bind probate judges.

479208815Dr. Eastman also explains that it was not Chief Justice Moore who failed in his duty, but Judge Callie S. Grande, the federal district judge who struck down the Alabama law defining marriage as between one man and one woman:

...the ethical considerations that led some to chastise Chief Justice Moore were misdirected. It is federal district judge Callie Granade who acted lawlessly by failing to follow existing Supreme Court precedent that remains binding on her. Indeed, were Chief Justice Moore to follow Granade’s order, he would be violating his duty to comply with the binding authority of the Supreme Court, in deference to a lawless order by a single federal trial court judge. In a well-reasoned and lengthy opinion adopted by a 7-1 vote, the Alabama Supreme Court has concluded just that.

You can read Dr. Eastman’s powerful article here, which not only explains what is happening in Alabama, but why states have every right to define marriage as the union of one man one woman.

National Organization for Marriage Commends Alabama Supreme Court For 7 - 1 Ruling Upholding Traditional Marriage

FOR IMMEDIATE RELEASE: March 4, 2015
Contact: Elizabeth Ray or Matille Thebolt (703-683-5004)


"The Alabama Supreme Court is exactly correct that no federal judge has the power to order a state to issue illegal marriage licenses. Other states should follow suit." — Brian Brown, NOM president —

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Washington, D.C. — The National Organization for Marriage (NOM) today commended the Alabama Supreme Court for ordering state officials to cease issuing marriage licenses that are illegal under state law, and thus defied a federal judge who is attempting to impermissibly impose her views of marriage on the people of Alabama.

"We praise the justices of the Alabama Supreme Court who have ruled in overwhelming fashion that the laws of Alabama defining marriage as the union of one man and one woman must be followed by state officials," said Brian Brown, NOM's president. "A single federal judge does not have the authority to force a state to redefine marriage and it's high time that out of control judges were put in their place. We call on other states to similarly order their state's officials to enforce state marriage laws."

Brown noted that the US Supreme Court has never ruled against traditional marriage laws and that binding Supreme Court precedence exists (Baker v Nelson) specifically upholding state laws defining marriage as the union of one man and one woman.

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To schedule an interview with Brian Brown, president of the National Organization for Marriage, please contact Elizabeth Ray, [email protected], or Matille Thebolt, [email protected], at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).

National Organization for Marriage Condemns Supreme Court For Failure To Stay Alabama Gay Marriage Ruling; Encourages Alabama Officials To Refuse To Comply

FOR IMMEDIATE RELEASE: February 9, 2015
Contact: Elizabeth Ray or Matille Thebolt (703-683-5004)


"[A]llowing a lower court ruling that overturns a state marriage amendment adopted by over 80% of voters is reckless and undermines the integrity of the Court." — Brian Brown, NOM president —

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Washington, D.C. — The National Organization for Marriage (NOM) today sharply condemned a majority of the US Supreme Court for failing to follow existing protocol and issue a stay of a decision redefining marriage in Alabama and called on Alabama officials to refuse to comply with the lower federal court order to issue marriage licenses to same-sex couples.

"A majority of the Supreme Court has cast disrepute on the impartiality of the Court by refusing to follow previous protocol and issue a stay of a lower court ruling while it is being considered by the Court," said Brian Brown, NOM's president. "The issues in play are currently under review by the Supreme Court, and allowing a lower court ruling that overturns a state marriage amendment adopted by over 80% of voters is reckless and undermines the integrity of the Court. We call on the people of Alabama to continue to enforce their state marriage laws."

The people of Alabama adopted a state constitutional amendment defining marriage as the union of one man and one woman with 81% voter support in 2006. The US Supreme Court has never ruled that such amendments are unconstitutional; in fact it has upheld traditional marriage laws as being constitutional which remains binding national precedent in Baker v Nelson.

"A single federal judge does not have the authority to overturn a state marriage amendment and the people of Alabama should refuse to go along with this order," said Brown. "We commend Alabama Supreme Court Justice Roy Moore for ordering state probate judges, who are responsible for issuing marriage licenses, to enforce state law limiting marriage to one man and one woman and to refuse to issue licenses that violate state law. These probate judges have sworn an oath to the people of Alabama and they must honor their oath to the people they serve."

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To schedule an interview with Brian Brown, president of the National Organization for Marriage, please contact Elizabeth Ray, [email protected], or Matille Thebolt, [email protected], at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).

Alabama Legislators Call for U.S. Constitution to Be Amended to Define and Protect Marriage

The Montgomery Advertiser reported recently that a resolution sponsored by Alabama State Representative Richard Laird passed the Alabama House, calling for an Article V convention to amend the Constitution of the United States:

Alabama FlagThe resolution, sponsored by Rep. Richard Laird, I-Roanoke, quotes a 2006 amendment to the state constitution that bans same-sex unions, and calls marriage “a sacred covenant, solemnized between a man and a woman.” The resolution also cites several court cases, including five from the 19th century. It goes on to say that the U.S. Supreme Court “officially severed its respect for marriage” last year, when it struck down the federal Defense of Marriage Act, which prevented the recognition of same-sex spouses under federal laws.

Laird’s resolution calls for an Article V convention, which would require 34 states to ask Congress to call a convention to propose an amendment to the U.S. Constitution. According to the resolution, the convention would specifically propose an amendment defining marriage as a union between one man and one woman, and bar legal recognition of any other form of marriage.

Read more here.