Does The U.S. Supreme Court Not Have As Much Power Over Same-Sex Marriage As They're Saying?

January 12, 2016Jan 12, 2016

An Alabama judge is causing major upset in the system. Alabama Chief Justice Roy Moore recently ordered there to be a cessation of same-sex marriages in Alabama. He says that the U.S. Constitution says nothing about marriage and thus it is a state issue.


He points to Alabama's state constitution that upholds marriage as solely between a man and a woman. He says that until proven otherwise, the state of Alabama is to obey their own constitution that has direct laws on marriage rather than the new U.S. Supreme Court ruling that goes outside the boundaries of their jurisdiction. It's sort of like your teacher at school trying to dictate what you eat for dinner: it's outside of his/her authority. 

Moore said in this WND article,“Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect."


In addition to Alabama's own state ruling on marriage, Moore points to the previous determination of the U.S. Supreme Court on marriage: “In 1885 the Supreme Court of the United States described marriage as ‘the union for life of one man and one woman in the holy estate of matrimony; the sure foundation of all that is stable and noble in our civilization; the best gauranty of that reverent morality which is the source of all beneficent progress in social and political improvement,’” Moore shared.

Moore is not alone is his opinion that the U.S. Supreme Court stepped way out of bounds.  Liberty Counsel's Mat Staver said,“Supreme Court justices swear an oath to uphold the Constitution, not invent a new one. When they put their personal opinions in writing without one shred of constitutional support, the people have a right to question their authority.”

Of course, Moore's decision is getting major push back from liberals. Even Hillary Clinton attacked his decision just last week, saying, “Marriage equality is now the law of the land – including in Alabama. Today’s unconstitutional order reminds us that, despite the Supreme Court’s ruling that all Americans have the right to marry the person they love, our work is far from over. There are still judges who are determined to stand in the way of people’s rights.”

But Moore is committed to defending the very thing he believes is most attacked right now: the family.  “There’s no bigger issue in Alabama than the whole structure of the foundation of our families and family government,” Moore said. 

We think that can be said for the whole of America too.  What do you think of Moore's actions? Does it make you question the true jurisdiction of the U.S. Supreme Court on marriage? Do you wish other states would follow suit? Let us hear your thoughts in the Comments! And please, if it touches your heart, say a prayer for Judge Moore! Thank you so much!