Thursday, February 12, 2015

Marriage Decided by States

A federal judge's ruling that Alabama's marriage law is unconstitutional does not create a new law, which Judge Callie Granade has now wrongfully "deemed" to be the case.
 
Liberty Counsel is standing against this judge's misguided activism and in defense of the probate judges in Alabama who are refusing to issue same-sex "marriage" licenses, which would violate the Alabama Constitution.
 
At Liberty Counsel, we adhere to the rule of law as lawfully created by legislatures, not the arrogant creation of "laws" by judicial activists. There is widespread misunderstanding about the difference. The situation in Alabama is instructive on this issue.
 
In 2006, eighty-one percent of Alabama voters created a state marriage amendment, which became Alabama law. Last month, U.S. District Court Judge Callie Granade ruled that Alabama's prohibition on same-sex marriage was unconstitutional. Her ruling does not automatically create
a law that same-sex marriages are now lawful, as is being alleged in the media and in some Alabama courts. After overturning that law, Judge Granade then unlawfully ordered that same-sex marriage licenses could begin being issued in Alabama on February 9 (Monday). Her act is in defiance of Alabama laws still on the books.
 
This is precisely why Alabama Supreme Court Chief Justice Roy Moore issued a memorandum of clarification last weekend.
 
"Effective immediately, no probate judge of the state of Alabama nor any agent or employee of any Alabama probate judge shall issue or recognize a marriage license that is inconsistent with the Alabama Constitution."
 
While the Washington Post headline trumpeted, "Alabama chief justice asks officials to defy gay marriage ruling" and the New York Times declared, "Alabama Judge Defies Gay Marriage Law," it is in fact Chief Justice Moore who is adhering to state law while Judge Granade is employing overt judicial activism.
 
This federal judge simply does not have the authority to order state probate judges to issue marriage licenses to same-sex couples.
 
Liberty Counsel will defend Probate Judges who disregard Judge Granade's lawless order.
 
Liberty Counsel is taking action in supporting Chief Justice Moore's position and offering legal representation to any probate judge in Alabama who is targeted for adhering to the rule of law. We already represent several of these judges.
 
Chief Justice Moore is a champion for natural marriage and the rule of law.
 
While the issue of what constitutes "marriage" in America is the subject of an intense national debate, placing God's standards above personal opinion and federal and state law, Chief Justice Moore made his thoughts very clear in an interview with WorldNetDaily.
 
"Marriage has long been recognized as a divine institution ordained of God. According to the United States Supreme Court, the basic foundation of marriage and family upon which our country rests is 'the union for life of one man and one woman in the holy estate of matrimony.'
 
While my disagreement with Judge Granade's orders in the cases attacking Alabama marriage has been criticized as 'religious,''defiant,' and 'unethical,' my actions are entirely consistent with my responsibility as chief justice. Interference with the right of state courts to make independent judgments based on their own view of the U.S. Constitution is a violation of state sovereignty."
 
Liberty Counsel has defended natural marriage in the courts and legislatures for over 25 years.
 
As many Americans have fallen back and surrendered to an agenda of political correctness, the responsibility of defending this God-authored institution has been our great privilege and honor.
 
We must act, and we must act NOW. Losing one of the most important cultural battles of our lifetime is simply unthinkable!
Laws are created by the actions of elected representatives or by the citizenry through a referendum. Contrary to popular
misunderstanding, as aided by media outlets with an agenda to push, judges cannot create laws. 
 
Standing with you on behalf of natural marriage and the family, Mathew D. Staver, Chairman, Liberty Counsel Action
 
 
Liberty Counsel, with offices in Florida, Virginia and Washington, D.C., is a nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of human life, and the family.  Liberty Counsel . PO Box 540774 . Orlando, FL 32854 .
800-671-1776
 
 

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