ALABAMA: Christian Groups File Briefs Defending Roy Moore, Say Obergefell Ruling Cannot Be Enforced

Via press release from the Liberty Counsel:

Four amicus briefs have been filed on behalf of Chief Justice Roy Moore, who was given an unprecedented judicial suspension when the Court of the Judiciary (COJ) unlawfully suspended him on September 30 for the remainder of his term, which runs through January 2019.

The first brief is from a group of eight Alabama trial court judges who argued that the COJ’s attempt to avoid the unanimity requirement for removal under Rule 16 sets a dangerous precedent for disciplinary actions against judges in Alabama.

The second brief was filed by the United States Justice Foundation. That brief states that (1) it was improper to use Chief Justice Moore’s 2003 case as evidence of his intent to order probate judges to disregard federal orders in this case, (2) that the plain text of the Administrative Order at issue in this appeal does not support the COJ’s conclusions, and (3) that the JIC did not meet its burden to establish Chief Justice Moore’s guilt by clear and convincing evidence.

The third one was from Sanctity of Marriage Alabama. That brief argued that the scope of the Supreme Court’s authority to review certain matters has always been a matter of legitimate dispute and that it is a legitimate question as to whether the Supreme Court can automatically bind all states to its decisions, regardless of whether those states were parties to the case. It also argued that such questions are not the proper subjects of ethical decisions.

Richard Lawrence, who is an Alabama licensed attorney, filed the fourth brief. His brief argues that the Supreme Court did not have subject matter jurisdiction to decide Obergefell and that the jurisdictional question needed to be addressed. The brief argued that the Chief Justice’s Administrative Order merely recognized that the Alabama Supreme Court could have addressed this issue, which he believes was an open question at the time of the Administrative Order.

Sanctity Of Marriage Alabama appears to be affiliated with the League Of The South, a white supremacist group which recently “celebrated” the 150th anniversary of the assassination of Abraham Lincoln.

The United States Justice Foundation is perhaps most notable for their declaration that the US has the right to assassinate foreign leaders they don’t agree with. Their website is almost entirely devoted to opposition of same-sex marriage.

  • bkmn

    ‘Cause I said so’ does not win court cases kids.

    • Todd20036

      With Trump judges, it might be enough

  • pj

    gay marriage is at the top of their list kids. brace yourself.

    • Todd20036

      No. Gay civil rights are at the top of their list.
      you really think they will stop at simply nullifying Ogenfell?

      • pj

        of course not. they are going to try to go all the way. but this time half of us wont be dying of aids.

      • Richard B

        btw – its Obergefell

  • kaydenpat

    “Sanctity Of Marriage Alabama appears to be affiliated with the League Of The South, a white supremacist group which recently “celebrated” the 150th anniversary of the assassination of Abraham Lincoln.”

    Now don’t they sound just like some nice Christian folks?

    • The Return of Traxley

      GLORY T’ TH’ LARD!

      • Ragnar Lothbrok

        You’ve been hanging out with Chuck Haven’t you ? He has that same accent.

    • GayOldLady

      League of the South has been up in arms over Marriage Equality even before Obergefell. They were behind the poorly attended rallies on the steps of the capital in Mongtomery. They even provided the signs used at those rallies. Their issue is with anyone who isn’t white/hetero/christian and they’re still fuming about what they call, “the war of northern aggression”.

      • NancyP

        OK, so it has been 151 years since the Civil War, and yes, history is written by the winners.

        • GayOldLady

          They wouldn’t care if the Civil War was 500 years ago. They’re still complaining about the “Yankee’s”. On Memorial Day, or as it’s referred to by a lot of rural Southerners, Decoration Day, they put Confederate flags on every grave where a Confederate soldier is buried. Ironically many of those graveyards in my area are in predominantly AA neighborhoods. It’s so irritating to see those cemeteries with all those small confederate flags right in the middle of an AA neighborhood. The League of the South as well as Sons of Confederate Veterans and United Daughters of the Confederacy are still alive and well in the South.

          • Silver Badger

            Somehow, I feel that “AA” does not mean alcoholics anonymous in this particular context. What does it mean?

          • TrollopeReader


          • Silver Badger

            Thank you.

          • gaymex1

            I lived in Charleston, SC for a few years. The old families still relive the past and refer to the Civil War as the War of Yankee Aggression. Once our business received a community service award and you would not believe the criticism we received because we were not from Charleston.

      • TrollopeReader

        hmmmm….i’ve gotten in the habit of referring to it as the War of Southern Insurrection and Rebellion … .but that’s me..

      • kaydenpat

        Years ago on C-Span, an older man called to complain about Lincoln’s bad conduct during the Civil War and to justify Emmett Till’s murder. I couldn’t believe how passionate (and racist) he was.

        • Ragnar Lothbrok


      • McSwagg

        I only wish to point out that “christian” only applies to the “right kind of christian”. Otherwise, totally correct.

    • That’s the whole point — they don’t, any more than ISIS sounds just like nice Muslim folks.
      Christ on a cracker, we’re surrounded!

  • PickyPecker
  • Reasonoverhate

    They seem nice…..

  • CPT_Doom

    Thankfully Donald gives us the perfect counter-argument to these idiots. If you have to accept his “marriage” to Melania, there’s no basis to an argument against same-sex couples.

  • Ragnar Lothbrok

    If Obergefell can’t be enforced,then neither can Hobbly Lobby or Citizens United, you fucked up hateful theocratic nuts !!

    • Frostbite

      You know I could almost go for that. They have far more to lose.

      • Roxannejchampion

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      • Not with a far right administration about to take power.

        We need to focus more on state and local elections. LBGT groups have focused too much on the courts but court rulings matter little if the executive branch doesn’t enforce them.

  • fuzzybits
  • The Return of Traxley

    Goddammit, Alabama. I’m getting really sick of your shit.

    Quit making the smart people down there look like abused spouses.

    And stop making your state look like it’s full of ignorant, crazy, white trash goobers.

    • another_steve

      I like the term “goober.” Having grown up in New York City, I don’t think I had ever heard that term until I saw it here on JMG.

      Is it like “redneck,” or worse?

      • The Return of Traxley

        About the same thing…

      • TrollopeReader

        Gomer Pyle …

      • McSwagg

        It’s also slang for “peanut” and can be used in its place as in “goober brained …”

  • AtticusP
  • That_Looks_Delicious

    Out of those 4 briefs, I think only the 1st and 4th ones stand a shadow of a chance of being seriously considered. But I’m not a lawyer, and it is Alabama, so who knows?

  • Ragnar Lothbrok

    I hereby find your briefs to be soiled, ripped and worthless !!

  • JWC

    another tired old Racist bastard who hasn’t the brains to shut up or give up Someone should put him to sleep

  • FAEN

    Alabama-enough said.

  • fuzzybits
  • Jay George

    Maybe if they untwisted their briefs, they wouldn’t be so damn cranky.

  • fuzzybits

    The problem is no one wants to remove their briefs.

  • Michael R

    Laws are not laws ,
    Rights are not rights
    The Constitution has no meaning .


  • Jay George
    • PickyPecker
    • Alabama’s miscegenation laws (in the state constitution!) weren’t repealed officially until 2000. (Half a million voters wanted it kept in place.)
      Welcome to the New South. And why the FUCK are human rights being voted on, anyway??

      • Jay George

        The state constitution is around 115 years old and these old red state mofos block every attempt at a new constitution. There is even a small movement right now that backs voting against every amendment proposed until a new constitution is written. Every time there’s a vote, there are new, confusingly written amendments that no matter how much a person reads them, they still can’t tell exactly what they’re proposing. GOPers want to keep people ignorant and in the dark. It’s disgusting what terrible things a republican supermajority can do.

      • boatboy_srq

        But life is so much cheaper/slower/richer there! And you can have all the shootin’ irons you want. Plus there’s a mass of underemployed willing to do semi-menial work for less than their uppity Yankee peers demand (thought still more than those Messicuns of Fill-eye-pee-nohs of Jhiynese will take).


  • Ray Page

    Oh, drama queen Roy Moore is back again like a bad case of herpes (not that I would know about herpes).

    Roy, go bail your son out of jail, again. Those Christian family values seem to include a lot of lawsuits and arrests.

  • another_steve
  • Sam_Handwich

    what court is hearing this case?

    • another_steve

      The Court of Goyish Meshugas.

      • Silver Badger

        I resemble that remark. How would you say “Gay Goyish Meshugas?

  • Gustav2

    Repeat after me:

    CIVIL marriage.

  • Silver Badger

    I hope they kept their briefs, brief.

  • Under the heading “Oxymorons”: Have you noticed that any time there’s a court ruling that Bigots, Inc., doesn’t like, it’s “unlawful” or “lawless”?

  • JellyDonut

    Don’t these people need to be waiting for the rapture? Oh yea, it is all make believe.

    • another_steve

      Depends on what kind of “rapture” you’re talking about.

      I once experienced rapture. I was 19 though, just out of the closet.

      A long time ago.

      • McSwagg

        I would have thought you were more of a “nirvana” kind of guy, given your philosophical daoism.

        • another_steve

          We Philosophical Daoists sense that there’s no where to go. No heaven, no hell.

          We’re already home, with all its beauty and all its horror.

  • olandp

    Liberty Council, we had a war over this shit. Your side lost.

  • boatboy_srq

    Nullification 101: if you can’t secede, always argue that the US federal government can’t tell you how to treat Those Other People© because that’s something each state has to decide for itself.

    Unless of course you’re ensuring that wimminvolk have to bear them bay-beez. In that case demand that Congress make that requirement nationwide and universal.

  • Greenscreen

    These are the same kind of nut jobs who think they don’t have to pay taxes because the federal government has no power the levy them!

  • DesertSun59

    Obergefell resolved the desperate Christians and disparate state laws regarding this issue. At most risk were children. Of course, children are mere chattel according to those addicted to Bronze Age religion.

  • Richard B

    With the ascension of our new orange president elect, the sky fairy worshipers legal teams feel they have the momentum to strike now to chip away at Obergefell to create some another kind of legal union that is not equal to marriage. Once they get that accomplished, they will have reached their goal to have something to target, marginalize, and discriminate against legally. These so called Christians are very divisive and it is clearer by the day the genius of our forefathers to draw a clear line separating the church from the state, something the republicans refuse to acknowledge.

    • boatboy_srq

      The single most fascinating thing about 21st century FundiEvangelicals is how much they have in common with 16th century Catholics – right down to the convert-or-kill mentality, the conviction that all non-Fundie Xtians are heretics and the fascination with superstition and holy relics.

  • “Their website is almost entirely devoted to opposition of same-sex marriage.”

    Me thinks the lady doth protest too much.

  • Gregory Peterson

    Recycling the “Southern Manifesto?”

  • Jean-Marc in Canada
  • Franciscan

    As I believe the commission carefully suspended Roy Moore rather than removing him, I don’t see how the argument in the first brief (as described by those litigious morons) could succeed. The second one I don’t understand at all. It takes issue with the commission’s conclusions and then tries to work backwards to deligitimize the commission’s work. No “clear and convincing evidence”? Roy Moore’s statements and implied threats to lower courts seem like pretty convincing evidence. But Liberty Counsel dismisses evidence, like the climate-denial lobby, unless it leads to the conclusions they seek.