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:
The 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.