• Probate Judge Files Memorandum in Support of Emergency Petition

    Defending Marriage Staff - September 17, 2015


    MONTGOMERY, AL — Following the Emergency Petition that he filed to the Alabama Supreme Court yesterday, Probate Judge Nick Williams filed a Memorandum to support the Petition that stated: “This Court is not obligated to follow a lawless decision because that decision is not the law.”

    Williams quoted Johnson v. Craft which read: “Now, as ever before, the penalty for the violation of the Constitution is that the product of the offense is nullity.”

    With eighteen pages of sound argument, Judge Williams thoroughly explained how natural marriage is consistent with the organic law of our nation (Declaration of Independence), the United States Constitution, the Constitution and Laws of Alabama and a higher Natural Law (the laws of Nature and of Nature’s God) - thus, the rule of law.

    He mentioned a blatant disregard for the Judicial Code of Ethics exhibited by Justices Kagan and Ginsburg and correctly noted that the opinion in Obergefell was “utterly devoid of constitutional underpinning” and precedent.

    He noted that dissenting justices had never before had such strong language for the majority.

    Chief Justice Roberts: “The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent.”

    Justice Thomas: The majority opinion, “disregards the most plausible understanding of the ‘liberty’ protected by that clause, and distorts the principles on which this Nation was founded.”

    Justice Alito: “If a bare majority of justices can invent a new right and impose that right on the rest of the country, the only real limit on what future majorities will be able to do is their own sense of what those with political power and cultural influence are willing to tolerate.”

    “Surely,” Judge Williams argued, “the founders did not intend for there to be arbitrary and unchecked power in one branch of the federal government, with the other branches and the States powerless to act.”

    You can read the complete Memorandum here.

    You can read the original Emergency Petition here.

    Sanctity of Marriage Alabama contributed to this report.

  • About the author: Defending Marriage Staff

    Defending Marriage is a ministry of Hope Baptist Church that documents the breaking news, tracks the persecution and provides the biblical arguments surrounding the debate over the definition of marriage. You can sign up for email updates from Defending Marriage here.