Alabama’s Bigoted Chief Justice Tells State Judges to Ignore the Constitution

roy-moore-alabamaAll you ever hear from conservatives is how they’re “for a Constitutional America” and how the Republican party is the “party that stands for Constitutional values,” yet they’re also the party that often talks of armed revolts to overthrow the government (the same government that was chosen via the election process granted to us by our Constitution) and some even talk about secession whenever they don’t get their way.

Even when you look at many of the “strongly Republican” states today, they are the same states that:

  • Supported slavery
  • Opposed women’s suffrage
  • Opposed desegregation
  • Fought against legalizing interracial marriage
  • Resisted the Civil Rights Act

In each one of those issues, they were on the wrong side of history and our Constitution.

Even today, over 40 years since our Supreme Court (via our Constitution), ruled on Roe v. Wade giving women the right to have an abortion, they continue to do just about everything they can to violate that right. Then, of course, there’s same-sex marriage where they continue to fight a losing battle. It’s no longer a matter of if same-sex marriage is going to be legal in the United States, but when. 

And when it comes to same-sex marriage, many conservatives aren’t taking their impending loss very well. Take Alabama for instance, where a judge who was appointed by George W. Bush recently struck down Alabama’s ban on same-sex marriage citing that it violates the Fourteenth Amendment. Well, in light of that ruling and the Supreme Court’s decision not to intervene, Alabama’s Chief Justice Roy Moore issued an order to probate judges on Sunday prohibiting them from performing same-sex marriage ceremonies.

In other words, he’s telling these judges to violate the Constitution and ignore federal law.

This order has resulted in some counties in Alabama following the federal ruling that ended the state’s ban on same-sex marriage in Alabama while some are not.

How radical is Moore? Even the extremely conservative (and opponent of same-sex marriage) Alabama Governor Robert Bentley has more or less said that he’s not going to take some drastic and radical steps to defy federal law. Meaning that, while he might not agree with marriage equality, he understands that this ruling overturning the ban on same-sex marriage is final and to defy it would be to outright ignore Constitutional law.

It’s really all completely absurd. Moore has no businesses being a judge. As a judge he’s supposed to be impartial and simply interpret the law, but that’s not what he’s doing. He’s taking his own personal feelings about this issue and turning that into his “ruling” on marriage equality. As a judge he’s well aware of how our judicial system works and that this federal ruling in Alabama makes gay marriage legal per our Constitution in his state. But because he doesn’t agree with marriage equality, he’s telling probate judges to violate our Constitution – based on his personal feelings on the issue. 

That in and of itself should be grounds for removing him from power.

But Moore’s absurd order simply underscores how desperate conservatives are becoming as the inevitable draws closer and closer. And while there’s still plenty of fight to be had before gay Americans truly enjoy equal rights in this country, it’s abundantly clear that the fight for marriage equality is almost over – and bigoted conservatives lost.

Allen Clifton

Allen Clifton is a native Texan who now lives in the Austin area. He has a degree in Political Science from Sam Houston State University. Allen is a co-founder of Forward Progressives and creator of the popular Right Off A Cliff column and Facebook page. Be sure to follow Allen on Twitter and Facebook, and subscribe to his channel on YouTube as well.


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