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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