Montgomery, AL — On Friday, the Alabama Supreme Court broke their nine month silence on same-sex marriage and in a 9-0 Order simply dismissed all of the pending motions and petitions and refused to lift their Injunction from March 3 that upheld Alabama’s Sanctity of Marriage Amendment.
“As it has done for approximately two centuries, Alabama law allows for “marriage” between only one man and one woman. Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.” See Ex Parte State ex rel. Alabama Policy Institute,____ So. 3d¬ ____ (Ala. 2015) (No.1140460)
“Such an action from a State Supreme Court has not been seen since the days of Dred Scott,” Tom Ford, spokesperson for Sanctity of Marriage Alabama said. “Just as Obergefell did nothing to alter or abolish Alabama’s marriage law, today’s Order did nothing to lift the Injunction from March 3rd and Alabama officials should continue to acknowledge the fact that marriage is between one man and one woman,” Ford continued.
Alabama Chief Justice Roy Moore wrote in his concurrence:
Today this Court by order dismisses all pending motions and petitions and issues the certificate of judgment in this case. That action does not disturb the existing March orders in this case or the Court’s holding therein that the Sanctity of Marriage Amendment, art. I, § 36.03, Ala. Const. 1901, and the Alabama Marriage Protection Act, § 30-1-9, Ala. Code 1975, are constitutional. Therefore, and for the reasons stated below, I concur with the order.
The simplicity of today’s Order from the Court left a cracked door for Justice Greg Shaw and Justice Mike Bolin to confuse us all with curious “concurrences” that take the form of dissents and attempt to surrender God’s truth, the immutable nature of marriage, our democratic voice, and the rule of law to the unconstitutional opinion from SCOTUS that was Obergefell.
Now is no time for surrender and gratefully, in the technical effect of the Order and further, in the writings of Chief Justice Moore (at 13) and Justice Parker (at 126) we find unprecedented excellence in defense of the rule of law and constitutional supremacy, as well as sound clarification of the legal reality in Alabama: the March Injunction requiring Alabama probate judges to only issue those licenses that are in accordance with Alabama’s Sanctity of Marriage Amendment remains in full force and effect.
“Today, Alabama dealt a much-needed blow to judicial overreach and continues to lead the charge in restoring the fundamental principles of our constitutional republic. Today’s writings will reverberate around the world for centuries and the magnum opuses from Chief Justice Moore and Justice Parker should be read and carefully considered by every American who cares about the future of this country,” Ford said.
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Reprinted with permission from Sanctity of Marriage Alabama.
The order from the Alabama Supreme Court can be read here.
