Unconstitutional Supreme Court Decision

Defining marriage is not one of the enumerated powers granted by the States to the Federal in the US Constitution (as written). The most correct decision the Supreme Court could have made is to determine that the States or the People should decide. That would get States to engage the People to see if government should stay out of it and leave it to the churches. That is the best outcome.

There have been many unconstitutional decisions made by the US Supreme Court over the years. The Congress is delinquent in its refusal to reverse these decisions through the legal processes outlined in the Constitution. – Norb Leahy

Marriage Update 3/10/16, libertyaction.org

 

The recent opinion by the Alabama Supreme Court calling the U.S. Supreme Court's marriage opinion "illegitimate" will be remembered in history as being the pro-marriage "shot heard around the world."

This ruling is another step in reestablishing religious liberty and Constitution-based rule of law following the United State's Supreme Court's wrongful decision to create a right to same-sex "marriage" where it never existed.   

In a major ruling, the Alabama Supreme Court has rejected the U.S. Supreme Court's marriage opinion by issuing its own judgment in favor of Liberty Counsel's Petition for Mandamus. In the petition, Liberty Counsel demanded on behalf of its Alabama clients - Alabama Policy Institute ("API") and Alabama Citizens Action Program ("ALCAP") – that the state's probate judges obey Alabama's Constitution and laws.

The Alabama Justices labeled the U.S. Supreme Court's ruling as "illegitimate" and without legal or precedential authority. The Court then ordered the probate judges to immediately cease issuing same-sex marriage licenses.

This is a clear victory for the rule of law and an historic decision by the Alabama Supreme Court.

 

The judgment makes permanent the Alabama Supreme Court's order prohibiting probate judges from issuing marriage licenses to same-sex couples. The Alabama Supreme Court has decisively rejected the illegitimate opinion of five lawyers on the U.S. Supreme Court!

Alabama Chief Justice Roy Moore and Justice Tom Parker issued concurring opinions openly criticizing the U.S. Supreme Court marriage opinion using Supreme Court Chief Justice John Robert's term of "five lawyers" when referring to the Supreme Court Obergefell opinion.  Here are a few excerpts of Chief Justice Moore's opinion:

 

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. 

The Obergefell majority presumes to amend the United States Constitution to create a right stated nowhere therein. That is a lawless act.

In short, the majority acts not as a court of law but as a band of social revolutionaries. The Chief Justice, amazed at this presumption, exclaims: "Just who do we think we are?"

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. Simply put, the Justices of the Supreme Court, like every American soldier, are under the Constitution, not above it.

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 itself. 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.

Liberty Counsel will continue to fight in the courts on behalf of religious liberties and natural marriage!

Marriage predates religion and civil government. No civil authority, including the Supreme Court, has the authority to redefine marriage. For any court or civil authority to think it has the authority to redefine marriage is the height of hubris.

Right now, Liberty Counsel is also involved in numerous other cases affirming that natural marriage is not subject to redefinition by a court or legislature. We are aggressively defending the rights of citizens to declare that natural marriage is their standard and that they will not bow to a lawless ruling!

We are standing with Christian business owners who decline same-sex "marriage" business, which would force them to participate in something that violates their consciences.

 

Mathew D. Staver, Founder and Chairman

Liberty Counsel