Supreme Court snubbed: 1 Traditional Marriage case steams on
State positioned to defy federal court mandate for ‘gay’ recognition
“Five ‘unelected judges’ – as Chief Justice Roberts called them in his criticism of Obergefell – dealt an arrogant blow to God, the family, nature, the rule of law, the Constitution of the United States and the democratic process. Simply because their opinion has been accepted as the ‘law of the land’ by the media and the left, doesn’t mean that the rest of us have to close our eyes to the truth or pretend that the Constitution allows the judicial branch to legislate a new right to same-sex marriage.”~Eunie Smith and John Killian Sr.
In what could become a precedent for court power, one state is set to defy the U.S. Supreme Court’s recognition of “same-sex marriage” more than three months after “five lawyers” defied the wishes of a majority of voters in dozens of states.
The fight over marriage in Alabama had reached the boiling point before the Supreme Court issued its Obergefell opinion in June, with a federal judge demanding acknowledgement of same-sex marriage and the Alabama Supreme Court issuing a permanent injunction against the order.
But when the Supreme Court decision was announced in June, Alabama did not, like other states, suddenly declare the issue resolved. Instead, it invited submissions of arguments over the applicability of the ruling in the state.
And the decision on whether the injunction remains in effect hasn’t been released.
It’s coming to a head now because several probate judges – the only people in Alabama authorized to issue marriage licenses – are becoming concerned about their own constitutional protections and have asked the state’s high court to issue its decision.
Opponents pose a number of problems with the Obergefell decision.
Two of the justices in the majority were asked to recuse themselves from the case because they had openly advocated for same-sex marriage, violating standards to preserve judicial impartiality.
Then there was the U.S. Supreme Court’s own opinion just two years earlier, in the Defense of Marriage Act case, in which the court said states have exclusive power over marriage.
And there are those who point out that the Constitution doesn’t mention marriage but does dictate that everything not mentioned in the document is left to the states and the people.
Eunie Smith of the Eagle Forum of Alabama and John Killian Sr., former president of the Alabama Baptist State Convention contend in a newly published commentary that the judicial branch doesn’t have the constitutional power to legislate a right to same-sex marriage.
“Five ‘unelected judges’ – as Chief Justice Roberts called them in his criticism of Obergefell – dealt an arrogant blow to God, the family, nature, the rule of law, the Constitution of the United States and the democratic process,” they write. “Simply because their opinion has been accepted as the ‘law of the land’ by the media and the left, doesn’t mean that the rest of us have to close our eyes to the truth or pretend that the Constitution allows the judicial branch to legislate a new right to same-sex marriage.”
“Alabamians elected justices to the Alabama Supreme Court with confidence that they would judge rightly in the fear of God, in step with the Constitution of the United States and the Alabama Constitution, and representative of the traditional values that Alabamians cherish. We anxiously await their decision,” Smith and Killian wrote.
Read more at http://www.wnd.com/2015/10/supremes-snubbed-1-marriage-case-steams-on/#zXqUrDMifREkVfOA.99