Alabama Supreme Court Rejects SCOTUS Gay “Marriage” Ruling

In a courageous move, the Alabama Supreme Court has declared that the US Supreme Court decision to legalize gay “marriage” was “illegitimate’ and without legal or precedential authority.”

Earlier this month, the Alabama Supreme Court issued its own judgment, rejecting the Supreme Court Obergefell decision of June 2015. This ruling issued in favor of the Liberty Counsel’s Petition for Mandamus and permanently orders that Alabama probate judges are to obey Alabama’s Constitution and laws by ceasing to issue so-called same-sex “marriage” licenses immediately.

Mat Staver, founder and chairman of Liberty Counsel, commenting on the 170-page ruling, says that this decision is “one of the most researched and well-reasoned opinions on marriage to be issued by any court in the country.” He goes on to say,

The Alabama Supreme Court has openly rejected the U.S. Supreme Court’s 5–4 marriage opinion, labeling it ‘illegitimate’ and without legal or precedential authority. This is a clear victory for the rule of law and an historic decision by the Alabama Supreme Court. The Judgement makes permanent the Alabama Supreme Court’s order prohibiting probate judges from issuing marriage licenses to same-sex couples. The Alabama Supreme Court has rejected the illegitimate opinion of five lawyers on the U.S. Supreme Court.

You can read more about this historic ruling on the Liberty Counsel’s website.

In a sense, it is fitting that Alabama should lead the way in this move to restore constitutional sanity. After all, it was Alabama in 1887 that was the first state to enact a code of ethics for the legal profession.

How sadly ironic it is to note that two of the five justices on the US Supreme Court who comprised that Obergefell majority—Ruth Bader Ginsburg and Elana Kagan—should have ethically disqualified themselves under law (28 U.S. Code 455) from participating in that decision by virtue of their having officiated “same-sex” ceremonies prior to the case’s consideration. That constitutes an “appearance of impropriety,” in clear violation of 28 U.S. Code 455. The Justices would never have gotten away with such misconduct under the laws of Alabama—or likely any other state’s judicial ethics code!

The Alabama Supreme Court’s far-reaching ruling runs contrary to a secular culture that has turned away from the teachings of God’s Word. In a concurring opinion by Alabama Chief Justice Roy Moore, summarized by the Liberty Counsel, he states something that our Founding Fathers knew but that some of those in our current government seem to have forgotten:

Because liberty is a gift of God, it must be exercised in conformity with the laws of nature and of nature’s God. Liberty in the American system of government is not the right to define one's own reality in defiance of the Creator. . . . But the human being, as a dependent creature, is not at liberty to redefine reality; instead, as the Declaration of Independence states, a human being is bound to recognize that the rights to life, liberty, and the pursuit of happiness are endowed by God. Those rights are not subject to a redefinition that rejects the natural order God has created.

I encourage you to read the full summary.

Marriage is not merely a social or governmental institution, able to be redefined at the whim of a culture or government. Marriage was created and designed by God, as described in Genesis 2:18–25. And He created it to be between one man and one woman for life. Since marriage is God’s institution, we don’t have the liberty to redefine it to match sinful desires! Sadly, five lawyers on the US Supreme Court ignored this reality last June when they sought to radically redefine marriage.

Our nation doesn’t need the legalization and legitimatization of sinful behaviors. What it needs is the freedom offered by Jesus Christ through His gospel (John 8:36). True freedom isn’t found in being allowed to freely practice sin. True freedom is found in a relationship with Jesus Christ. He came to earth, died on the Cross in our place, and rose from the grave, defeating sin and death (1 Corinthians 15:55–57). He now offers forgiveness and new life to all who will believe (2 Corinthians 5:17).

Another recent court victory for Christians to rejoice over occurred when a federal court ruled in favor of Answers in Genesis in regard to our guaranteed First Amendment right to the free exercise of religion. The decision was also a confirmation of Title VII of the 1964 Civil Rights Act that allows religious exemptions in hiring.

Thanks for stopping by and thanks for praying,
Ken

This item was written with the assistance of AiG’s research team.