Alabama: Judge Roy Moore Hopes He Doesn’t Die Fighting Marriage Equality

Alabama Supreme Court Chief Justice Roy Moore spoke yesterday at a hate rally meant to whip up those opposed to equal rights for the LGBT community.

During his speech, Moore showed a flair for the melodramatic:

“William Barret Travis from Conecuh County, Alabama, came to draw a line in the sand at the Alamo. He took a stand in the face of an enemy that was far more numerous, but he knew that he had to make a statement for the people of Texas and that he would give his life.

“I hope I don’t give my life, but I’m going to tell you this is a very serious matter. There’s today another threat not only in Texas and Alabama, but across our country where state and federal court judges have overruled constitutional amendments passed by the people of those states, and people have just sat by and watched it out of fear of the federal government.

“But nothing in the Constitution of the United States, nothing in the laws or precedence of the federal courts give federal courts any authority over domestic policy of family and marriage in the state of Texas, in the state of Alabama, or anywhere else.”

What Moore gets wrong here is that the amendments to keep loving gay and lesbian couples from marrying are unconstitutional.

The constitution very clearly guarantees all Americans the right to life, liberty and the pursuit of happiness. Clearly, marrying the person you love is a part of life’s “pursuit of happiness.”

When you couple that with the 14th Amendment’s Equal Protection clause it’s clear the state’s that passed marriage equality bans years ago did so out of fear and animus, not “constitutionality.”

I’m all for Roy Moore’s right to be dramatic. Let him get onstage somewhere if that’s his thing. But working against the rights of others is a second rate act that is getting less and less approval on the national stage.

Alabama: Probate Judge Asks State Supreme Court To Amend Same-Sex Marriage Order

Montgomery County Probate Judge Steven Reed was one of the first judges to issue marriage licenses in Alabama when a federal judge ruled the state’s ban on same-sex marriage was unconstitutional.

Since then, on March 3rd, the state Supreme Court ordered all probate judges to stop issuance of licenses to same-sex couples claiming jurisdiction over the matter of marriage in the state.

Judge Reed has now asked the state Supreme Court to amend their order to acknowledge that the U.S. Supreme Court will have the final say when the high court rules on gay marriage this June.

Reed said it’s important the state not engage in “foot dragging” regarding constitutional rights.

(source)

Alabama: Judge Roy Moore’s Son Busted Third Time On Drug Charges

The son of Alabama Chief Justice Roy Moore – bastion of high morals – was arrested and charged with drug possession near the scene of an attempted break-in, AL.com reports.

According to court documents, officers responded to the 1200 block of Allen Street in Troy to a report of an attempted home break-in. They found five men, including Moore, outside near a pickup truck that smelled strongly of marijuana.

After the men said there were no drugs in the vehicle, officers searched the truck and found a bag of marijuana in the glove compartment, along with Moore’s passport. Several Xanax pills also were found in the bag.

Moore was arrested and taken to the city jail. He was released on bond totaling $8,500.

Moore apparently posted on his Facebook page that the arrest was bogus and he is not a drug user.

This is his third arrest on drug charges.

Moore was charged with possession of marijuana in the second degree, a Class A misdemeanor, and possession of a controlled substance, a Class C felony.

A C class felony in Alabama is punishable by no less than one year and one day and no more than 10 years.

We’ll see if that happens…

(h/t JMG)

Alabama: House Of Representatives Approves Bill Allowing Officials To Refuse To Officiate Weddings

Clearly aimed at same-sex marriage – a hot button issue in the state today, the Alabama House of Representatives Thursday approved a bill by a vote of 69 – 25 that would allow those empowered to officiate weddings to legally opt-out of performing weddings they felt offended their religious beliefs.

Although the bill does not directly address same-sex marriage, opponents said the legislation targeted gay and lesbian couples and could allow religiously-affiliated organizations, such as hospitals, to deny benefits and services to same-sex couples.

“We’re here because we want to condemn a population we don’t understand and we don’t like,” said Rep. Patricia Todd, D-Birmingham, the only openly gay member of the Alabama Legislature. “It doesn’t change anything, but it will help (lawmakers) in districts show they will stand up against same sex-sex marriage.”

The bill’s sponsor, Rep. Jim Hill, R-Odenville, said the legislation — introduced amid a statewide controversy over the legality of same-sex marriage — was not about same-sex marriage.

“I received several phone calls from constituents in St. Clair County, primarily ministers and judges who asked me whether the mere fact an individual is authorized to perform a marriage ceremony (means) are they compelled to perform a marriage ceremony,” he said in introducing the bill.

The legislation says “no church, synagogue, society or religious organization” can be sued over a refusal to provide accommodations or services “related to the recognitions, solemnization or celebration of a marriage.”

George Takei Gives Alabama The (Wedding) Finger

Star Trek icon and social media darling George Takei took to his Facebook page today with husband Brad to send a message to Alabama and it’s currently “in flux” state of marriage:

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I join George and thousands on Twitter today with my own#LuvUAlabama:

Brian Brown Praises Alabama State Supreme Court For Halting Same-Sex Marriage

Hate group leader Brian Brown

In a blog post for the National Organization for Marriage, president Brian Brown praised the Alabama State Supreme Court for halting same-sex marriage.

“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.”

“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.”

In light of the Tuesday ruling from the state Supreme Court, the Mobile County Probate Court has decided they would not be issuing any marriage licenses — to same-sex couples or otherwise — while they review the state Supreme Court’s decision.

Alabama State Supreme Court Orders Halt To Same-Sex Marriage

The Alabama Supreme Court has ordered state probate judges to cease the issuance of same-sex marriage licenses by probate judges.

Alabama Supreme Court Justice Roy Moore issued the order banning probate judges from issuing same-sex licenses.

Every day, more and more purported “marriage licenses” are being issued to same-sex couples by some of the probate judges in this State. Every day, the recipients of those licenses and others with whom they interact may be, and presumably are, relying upon the validity of those licenses in their personal and business affairs. Every probate judge in this State, regardless of his or her own stance on the issuance of such licenses, will soon enough be faced, in his or her judicial capacity, with a universe of novel derivative questions unprecedented in their multiplicity, scope, and urgency. The circuit courts of this State will confront a similar experience…

It is clear that no other court in this State has the jurisdiction to provide the relief necessary in this most unusual of cases. There is a need for immediate, uniform relief among all the probate judges of this State, and no circuit court has jurisdiction over any probate judge outside its territorial jurisdiction…

The “magnitude and importance” of the issue before us is unparalleled. And the “special reasons” that compel us to act are unlike any other in the history of our jurisprudence… we are clear to the conclusion that this Court has the authority to act in this matter to maintain and restore order in the administration of our laws by the probate judges and the courts of this State.

I have two words for the Alabama Supreme Court: Supremacy Clause.

Virulently anti-gay Chief Justice Roy Moore wrote the order, and six justices concurred.

Read the full order here.

(via WAFF.com)

HRC Requests Phone And Email Records Of Alabama Judge Roy Moore

The Human Rights Campaign has filed an Alabama Open Records request for the email and phone records of Alabama Supreme Court Chief Justice Roy Moore in order to ascertain whether or not he used his official position to coordinate a plan with two anti-LGBT groups to stop same-sex marriage in the state.

Last week, the two anti-LGBT activist groups, API and ALCAP, filed an emergency petition to the Alabama Supreme Court, hoping to stop marriage equality across the state. On Friday, the Alabama Supreme Court voted 6-2 to take up the petition. Justice Moore did not vote. Responses to the petition were due at 5 p.m. Wednesday.

“We want to know whether Justice Moore inappropriately used the power of his office to direct legal strategy in a case before his own court,” said HRC Alabama State Director R. Ashley Jackson. “Judge Moore is no stranger to questionable legal ethics and Alabamians have the right to know whether their chief justice has acted inappropriately once again. We ask Justice Moore to come clean and voluntarily hand over these files.”

According to Alabama Open Records Law § 36-12-40 et seq., HRC Alabama has requested to publicly inspect Moore’s email communications containing the following terms: gay; lesbian; homosexual; marriage; or Granade. HRC Alabama has also requested the phone records from January 23, 2015 to present. The listed time frame begins from the day U.S. District Judge Ginny Granade struck down Alabama’s discriminatory ban on marriage.

Alabama Judge Roy Moore Says He Would Defy SCOTUS On Marriage Equality

During an appearance on Fox News Sunday, Alabama Chief Justice Roy Moore says he would defy SCOTUS should the high court rule in favor of marriage equality.

Roy Moore, the conservative chief justice of Alabama’s Supreme Court, said Sunday that if the U.S. Supreme Court decides that same-sex couples have a constitutional right to marry, he would defy the ruling because it would alter God’s “organic law.”

Under Justice Moore’s urging, many Alabama counties defied both a federal judge’s ruling throwing out the state’s gay marriage ban and the U.S. Supreme Court’s refusal to delay the beginning of same-sex marriages last Monday.

The U.S. Supreme Court will hear April arguments on whether state gay marriage bans violate the Constitution’s guarantee of equal treatment under the law. A ruling is expected in June.

“This power over marriage, which came from God under our organic law, is not to be redefined by the United States Supreme Court or any federal court,” Justice Moore told “Fox News Sunday.” U.S. Supreme Court rulings are considered the last word on American law.

Watch Moore’s appearance on Fox News Sunday below: