MONTGOMERY, AL: The Foundation for Moral Law, a Montgomery-based legal foundation dedicated to the defense of the United States Constitution, hailed last Friday’s ruling of the Alabama Supreme Court as a courageous first step toward restoring the original intent of the Constitution.

On Friday the Alabama High Court dismissed all pending motions and petitions in the case brought by the Alabama Policy Institute, the Alabama Citizens Action Program, and several probate judges, leaving undisturbed its March 2015 order holding the Alabama State Constitution provision prohibiting same-sex marriage is valid and directing probate judge follow it and refraining from issuing licenses for same-sex marriages, the United States Supreme Court’s Obergefell decision notwithstanding.

Foundation President Kayla Moore stated, “Last June, five unelected lawyers on the U.S. Supreme Court tried to force same-sex marriage on all fifty states. Last Friday, the duly-elected Justices of the Alabama Supreme Court ruled that the Obergefell decision does not apply in Alabama. For years, the U.S. Supreme Court has gone beyond its limited role of interpreting the law and has tried to become a super-legislature, making policy for the entire nation on matters not addressed by the Constitution. It is time someone reminded the Court of its proper place in the judicial system. I’m thankful the Alabama Supreme Court has done so.”

Foundation Senior Counsel John Eidsmoe added, “Last Friday’s ruling rekindles hope that state laws defending traditional marriage may still be alive, but it does far more than that. By this decision, Alabama ignites a new era in the debate over the respective roles of federal and state courts in the nation’s constitutional structure. Those of us who believe the role of the states should be strengthened and the role of the federal courts should be limited, should hope and pray that the Alabama decision will resound throughout the nation.”

Eidsmoe explained further, “The Obergefell decision was illegitimate, not only because it has utterly no constitutional foundation, but also because two of the 5-4 majority were Justices Ginsburg and Kagan who had a duty to recuse because they themselves had performed same-sex marriages. This decision utterly defies the constitutional rule of law, and the Alabama Supreme Court is fully justified in nullifying it.”

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