Acting on behalf of a local woman, the Alabama-based Foundation For Moral Law has filed an amicus brief which urges the Supreme Court to overturn the Tenth Circuit’s strike down of Utah’s ban on same-sex marriage. According to the brief, the woman does not want her late son’s husband to be able to inherit her son’s estate.
Foundation for Moral Law (the Foundation), is a national public-interest organization based in Montgomery, Alabama, dedicated to defending the unalienable right to acknowledge God as the moral foundation of our laws; promoting a return to the historic and original interpretation of the United States Constitution; and educating citizens and government officials about the meaning and foundational principles of the Constitution. The Foundation has an interest in this case because it believes that this nation’s laws should reflect the moral basis upon which the nation was founded, and that the ancient roots of the common law, the pronouncements of the legal philosophers from whom this nation’s Founders derived their view of law, the views of the Founders themselves, and the views of the American people as a whole from the beginning of American history at least until very recently, have held that homosexual conduct is immoral and should not be sanctioned by giving it the official state sanction of marriage.
The Foundation is interested in this case because a similar lawsuit has been filed challenging Alabama’s Sanctity of Marriage Amendment, which was approved by Alabama voters 81%-19% in 2006. David Fancher, an Alabama resident who was in a same-sex relationship with Paul Hard, died in an vehicle accident August 1, 2011. Hard has sued the State of Alabama, arguing that Alabama’s Sanctity of Marriage Amendment is unconstitutional and that he is therefore the lawful spouse of David Fancher and is entitled to one-half of Fancher’s estate. The mother of David Fancher does not want her son’s name used to advance the cause of same-sex marriage, and she has retained the Foundation for Moral Law to represent her interests. The federal district court has granted her motion to intervene, and the decision of this Court concerning the Utah case will very likely affect the outcome of our Alabama case.
The couple married in Provincetown in 2011. Read the full brief at Equality Case Files.
UPDATE: The former head of the Foundation For Moral Law is Alabama Supreme Court Chief Justice Roy Moore, who was booted from the court in 2003 for refusing to remove a Ten Commandments monument from the grounds of the courthouse. Moore stepped down from the leading the group in 2013 after being re-elected as chief justice of the state Supreme Court. He is now the “president emeritus” of the Foundation For Moral Law.
UPDATE II: This brief was filed by Foundation For Moral Law senior counsel John Eidsmoe, who has a crackpot history that might exceed that of Roy Moore. In 2011 Eidsmoe called for Congress to have “ex-gay” torture provided to the US military. That same year he declared that gay service members will molest children. He has also said that all women must submit to their husbands and that the United States must impose biblical laws and punishments or else the nation is doomed. Eidsmoe, NOT incidentally, was Michele Bachmann’s professor at Oral Roberts University.