MONTGOMERY, Ala. — Alabama Supreme Court Chief Justice Roy Moore, who was famously booted from office in 2003 for defying a federal judge’s order to remove a 10 commandments monument from the Alabama Supreme Court building, suggested in a letter Tuesday that he would also defy a recent federal court ruling overturning Alabama’s constitutional ban on gay marriage.
In the letter, which was sent to Alabama Gov. Robert Bentley, Moore condemns the ruling and states that the U.S. District Court for the Southern District of Alabama does not have jurisdiction over the Alabama Supreme Court.
“The recent ruling of Judge Callie Granade of the United States District Court for the Southern District of Alabama has raised serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment,” Moore wrote. The Amendment was passed with 81 percent of Alabamian’s voting in favor.
“As you know,” Moore continued, “nothing in the US Constitution grants the federal government the authority to redefine the institution of marriage.”
“As Chief Justice of the Alabama Supreme Court, I will continue to recognize the Alabama Constitution and the will of the people overwhelmingly expressed in the Sanctity of Marriage Amendment.”
Chief Justice Moore also applauded the Alabama Probate Judge Association’s decision to advise probate judges around the state against issuing same-sex marriage certificates in favor of state law.
In a statement released Monday, Gov. Bentley echoed Chief Justice Moore’s sentiments.
“The people of Alabama elected me to uphold our state Constitution, and when I took the oath of office last week, that is what I promised to do,” Gov. Bentley said.
“The people of Alabama voted in a constitutional amendment to define marriage as being between man and woman. As governor, I must uphold the Constitution. I am disappointed in Friday’s ruling, and I will continue to oppose this ruling. The Federal government must not infringe on the rights of states.”
The rulings are currently on hold while they are being considered by the 11th circuit court of appeals. If the 11th Circuit does not extend the holds, the original rulings will go into effect on Feb. 9th.
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— Elizabeth BeShears (@LizEBeesh) January 21, 2015
