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Fri Mar 6, 2015, 05:58 PM

Alabama Supreme Court first in nation to defy federal court gay marriage order

From al.com today:

The Alabama Supreme Court this week became the first state high court in the nation to challenge a federal court order allowing same-sex marriage, legal experts say.

Alabama Supreme Court justices on Tuesday ordered a halt to gay marriage licensing in the state.

"Not only are we the first state to do that, our motto is 'we dare defend our rights'," Alabama Supreme Court Chief Justice Roy Moore said in an interview with AL.com.

"I can't explain why more than 20 other states have bowed down to unlawful federal authority but Alabama is not one of them," Moore said. "A federal judge has no authority to overturn a state constitutional amendment in the face of a state court's opinion on the same matter"

Moore said he has seen some media refer to the fact that 37 states have legalized same-sex marriage. He said that's wrong.

Only three states have adopted same-sex marriage by referendum of the people, several state legislatures passed laws allowing it, and seven or eight state supreme courts and federal district orders in about 20 states have been issued to toss out bans and allow it.

State courts don't have to follow lower federal court - district and circuit - rulings, Moore said. "While their rulings may be persuasive authority, they are not controlling," he said.

Moore argues no federal court - not even the U.S. Supreme Court - has the authority to re-invent the definition of words, such as "family" and "marriage," for a state. "Those policies are domestic and left to the states," he said, citing several cases.


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Reply Alabama Supreme Court first in nation to defy federal court gay marriage order (Original post)
yallerdawg Mar 2015 OP
RKP5637 Mar 2015 #1

Response to yallerdawg (Original post)

Fri Mar 6, 2015, 06:10 PM

1. Spoken like a true bigoted homophobe. Same as Alabama over wanting segregation.

To be expected, persecution of people for no F'en reason than bigoted hatred. Another state we do not do business with!

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