Listen to the radio interview with Judge Roy Moore talking about same-sex marriage rulings
By M.H. Cavanaugh
Christian Action League
February 20, 2015
Alabama’s Chief Justice of the state’s Supreme Court has resisted federal Judge Callie Granade’s ruling throwing out Alabama’s constitutional amendment defining marriage as one man and one woman. Alabama voters overwhelmingly approved the amendment in 2006.
Since Granade’s ruling, Judge Moore has courageously stood up against the federal government’s overreach of authority. He has correctly asserted on several occasions that probate judges in Alabama that issue marriage licenses to same-sex couples are in violation of state law.
Moore rightly argues that what a federal judge declares in a ruling is not always automatically the law of a state. Judges may only interpret and give opinions on the law, but they don’t make law. Moore told Charisma News that twenty-one states had bowed down to lower federal court orders when it was unnecessary. The United States Supreme Court, which is the final authority, had not overturned any of the state’s constitutional marriage amendments.
According to World Net Daily (WND), Moore says that “[U]nder the concept of dual sovereignty, no federal judge…can demand a state should follow their ruling. They’re free [to order that in their case] but outside their case, it’s not binding.” The concept of dual sovereignty is when sovereign states coalesce to create a sovereign nation. Moore contends the process is quite clear in spelling out who has the responsibility for making what decisions.
Moore further explained to WND, “Lower federal courts are without authority to impose their own interpretation of federal constitutional law upon the state courts. Furthermore, they have absolutely no legitimate authority to compel state courts to redefine marriage to include persons of the same sex.” Moore added concerning his own state, “Not only is the Mobile federal court acting without constitutional authority, but it is doing so in a manner inconsistent with the Eleventh Amendment to the United States Constitution.”
But Moore also told Fox News on Sunday, February 15th that, “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.” Moore says since the Constitution doesn’t define marriage, it is a power to be left to the states.
North Carolina’s Lieutenant Governor, Dan Forest, has made similar arguments pertaining to the recent decision by federal judges to knock down North Carolina’s state marriage amendment.
In October of last year, two federal judges declared the state’s marriage amendment as unconstitutional. Whereby North Carolina’s Administrative Office of the Courts (AOC) directed magistrates that they could not refuse to perform same-sex marriages, no matter the reasons, even if it were a religious objection.
Forest asserted the AOC order was faulty because it directed magistrates to “contravene the North Carolina Constitution by performing a ceremony that is not recognized by law, and is in fact, prohibited by the marriage amendment.”
“You may wonder how that is possible” after federal judges struck down our amendment, asked Forest. “That is one of the beauties of federalism,” he said. “As succinctly stated by North Carolina’s Supreme Court in the case of State v. McDowell: ‘A state court should exercise and apply its own independent judgment, treating, of course, decisions of the United States Supreme Court as binding and according to decisions of lower federal courts such persuasiveness as these decisions might reasonably command.’ North Carolina case law is clear. Decisions of the Fourth Circuit and federal district courts, while persuasive, are not binding on state courts,” he said.
“What is currently taking place in North Carolina – the issuing of same-sex marriage licenses and the performance of same-sex marriages is wrong,” said Dr. Mark Creech, executive director of the Christian Action League. “It violates the sovereign rights of our state and the people of North Carolina. It is not the process handed down to us. But no one with the proper authority, like Judge Moore did for Alabama, has stood in the gap to defend the will of our people.”
This week, colleagues and friends of the Christian Action League, Gary Dull, Dave Kistler, and Sam Rohrer interviewed Alabama Chief Justice Roy Moore on the radio broadcast, Freedom Focus. Moore was asked the reason for his directive to his state’s probate judges not to issue same-sex marriage licenses. The interview can be accessed by visiting the web site of the North Carolina Pastor’s Network.
“I believe every supporter of the Christian Action League that really wants to understand what’s happening on this issue, not simply in our state, but across the country needs to listen to this interview,” said Dr. Creech.
Hear the radio broadcast with Chief Justice Roy Moore by clicking here.