Earlier this month, the Alabama
Supreme Court (ASC) openly rejected the U.S. Supreme Court (SCOTUS) marriage
opinion … labeling it “illegitimate” and without legal or precedential
authority. This is a clear victory for
the rule of law. The ASC judgement
rejects the opinion of 5-lawyers on the SCOTUS and prohibits AL probate judges
from issuing marriage licenses to same-sex couples.
Chief Justice Roy Moore and Justice Tom Parker issued
concurring opinions openly criticizing the SCOTUS marriage opinion. Using SCOTUS Chief Justice John Robert’s term
of “five lawyers” when referring to the Supreme Court Obergefell opinion,
Alabama Chief Justice Moore wrote a blistering 105-page concurring opinion. Among his words are these: “I agree with the
Chief Justice of the United States Supreme Court, John Roberts, and with
Associate Justices Antonin Scalia, Clarence Thomas, and Samuel Alito, that the
majority opinion in Obergefell has no basis in the law, history, or
tradition of this country. Obergefell
is an unconstitutional exercise of judicial authority that usurps the
legislative prerogative of the states to regulate their own domestic policy. Additionally, Obergefell seriously
jeopardizes the religious liberty guaranteed by the First Amendment to the
United States Constitution.”
Chief Justice Moore went on to say: “Liberty in the American system of government is not the right to define
one’s own reality in defiance of the Creator … But the human being, as a
dependent creature, is not at liberty to redefine reality; instead, as the
Declaration of Independence states, a human being is bound to recognize that
the rights to life, liberty, and the pursuit of happiness are endowed by God. Those rights are not subject to a redefinition
that rejects the natural order God has created.”
Chief Justice Moore then said: “In short, the majority acts not as a court of law but as a band of social
revolutionaries. The Chief
Justice [Roberts], amazed at this presumption, exclaims: ‘Just who do we think
we are?’ … Indeed, as the Chief Justice warns, the plenary power the majority
asserts to redefine the fundamental institutions of society offers no assurance
that it will not give birth to yet further attacks on the social order. … If, as the Chief Justice asserts, the opinion
of the majority is not based on the Constitution, do state judges have any
obligation to obey that ruling? Does not
their first duty lie to the Constitution?”
Chief Justice Moore then concluded: “If, as an individual who is sworn to uphold and support the United States
Constitution, I were to place a court opinion that manifestly and palpably
violates the United States Constitution above my loyalty to that Constitution,
I would betray my oath and blatantly disregard the Constitution I am sworn to
uphold. Acquiescence on my part to acts
of ‘palpable illegality’ would be an admission that we are governed by the rule
of man and not by the rule of law. Simply
put, the Justices of the Supreme Court, like every American soldier, are under
the Constitution, not above it.”
Senior Attorney Matt Staver of Liberty Counsel is correct
when he says: “Justices and judges are bound to interpret the U.S.
Constitution. When they write opinions
that have no legal foundation, then their opinions lack legal legitimacy. That is what the five lawyers did on the U.S.
Supreme Court in the marriage opinion. They
ignored the Constitution, the Court’s precedents, and millennia of human
history. Their opinion calls into question
the legitimacy of the Supreme Court. When
we the people lose trust in the Justices, the authority of the Supreme Court is
undermined. If the people accept this
5-4 opinion, then we have transitioned to a despotic form of government. The people must now decide if we are governed
by the rule of law or the whim of unelected judges.”
Let us pray that more state Supreme Court Justices come to
recognize that such SCOTUS opinions are not the rule of law, but of man. This is why the nomination of SCOTUS Justices
must be “originalists” not social revolutionaries who have agendas for social
engineering.
Rev. Dr.
Kenneth L. Beale, Jr.
Chaplain
(Colonel-Ret), U.S. Army
Pastor,
Ft. Snelling Memorial Chapel
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