Yesterday a federal court issued a permanent injunction barring Alabama officials from defying the Supreme Court on same-sex marriage. This afternoon Roy Moore’s Foundation For Moral Law issued a typical response. Via press release:
Foundation President Kayla Moore noted, “Judge Granade’s jurisdiction extends over only the Southern District of Alabama. She has no authority to bind officials in other parts of the State.” She added, “It’s not over just because Judge Granade says it’s over. In fact, her order acknowledges that the Alabama Supreme Court’s March 4, 2016 order denying the parties’ motions and petitions did not vacate or set aside the Court’s March 3, 2015 writ of mandamus directing probate judges to follow the Alabama Constitution. That’s what we’ve been saying all along.”
Foundation Senior Counsel John Eidsmoe stated further, “Much more than same-sex marriage is at stake here; this involves the whole federal versus state relationship in our constitutional system. The Obergefell decision was procured by illegitimate means because two Justices who had personally performed same-sex marriages refused to recuse, and it is utterly devoid of constitutional support. Article VI, Section 2 says the Constitution, federal laws, and federal treaties are the supreme law of the land; it says nothing of federal court decisions. Nothing in the Constitution says every federal, state, and local official has to march to the beat of a federal judge’s drum, no matter how erratic that drumbeat may be.”
Kayla Moore, of course, is Roy Moore’s wife.
PREVIOUSLY ON JMG: In 2014 John Eidsmoe filed a SCOTUS brief which demanded that Ruth Bader Ginsberg and Elena Kagan recuse themselves from all marriage cases. 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.