Why Alabama's chief justice was forced to step down
Alabama Chief Justice Roy Moore聽has been suspended from his position for聽ordering state probate judges to deny marriage licenses to same-sex couples in violation of the Supreme Court ruling.
Alabama Chief Justice Roy Moore聽has been suspended from his position for聽ordering state probate judges to deny marriage licenses to same-sex couples in violation of the Supreme Court ruling.
Alabama Chief Justice Roy Moore is in trouble, yet again, for allegations that he ordered state probate judges to deny same-sex marriage couples marriage licenses, disobeying a federal court and the US Supreme Court.
The Judicial Inquiry Commission filed a complaint against Judge Moore, charging him with violating the state's judicial ethics laws, allegations that could potentially cost him his position as chief justice. He has now been suspended from the bench, and is facing a hearing before the state鈥檚 Court of the Judiciary, a panel of judges, lawyers, and other appointees, the New York Times Reports.
This isn鈥檛 the first complaint against Moore from the Judicial Inquiry Commission. In 2003 鈥� during his first term as chief justice 鈥� the commission removed him from the same position after he refused to comply with a federal court order requiring him to remove a giant sculpture of the Ten Commandments from the state judicial building. He was later re-elected to the position, after two unsuccessful bids for governor.
Moore, a Republican, has been a vocal opponent of same-sex marriage.
In February 2015, after US District Judge Callie Granade ruled that Alabama's policies against same-sex marriage were unconstitutional, Moore still聽told probate judges that they were not obligated to issue any licenses, Ameri Publications reported.聽
The complaint filed Friday alleges that Moore issued an administrative order last January requiring probate judges to halt the issuance of marriage licenses to same-sex couples, saying the judges "have a ministerial duty" not to issue the licenses.
"By issuing his unilateral order of January 6, 2016, Chief Justice Moore flagrantly disregarded a fundamental constitutional right guaranteed in all states as declared by the United States Court in Obergefell," the Judicial Inquiry Commission wrote in the charges filed Friday.
Moore argued that the landmark Supreme Court landmark ruling in聽Obergefell v. Hodges聽that legalized same sex marriage nationwide did not apply to Alabama, because it involved a case from a different federal circuit, 海角大神's Patrik Jonsson reported, noting that "Legal experts say that is a patently wrong interpretation of American law."
But not all Alabama probate judges followed Moore's January mandate. Of the 67 probate judges, only 13 denied same-sex couples licenses following Moore鈥檚 order. And of the 13, nine were already denying the couples licenses before Moore鈥檚 order, MSNBC reported.
In a news conference last week, Moore said that he was upholding the law as he understood it, The New York Times reports.
鈥淭his is about legalism,鈥� he said, according to the Times. 鈥淭here is nothing in writing that you will find that I told anybody to disobey a federal court order.鈥�
A majority of people in Alabama still oppose same-sex marriage, according to a December 2015 poll by the Public Religion Research Institute.聽While 54 percent of Americans supported same-same marriage, only 33 percent of Alabama residents said they support it, while 60 percent of residents are opposed.
But as one resident told the Monitor鈥檚 Mr. Jonsson, not all residents agree with Moore鈥檚 stance.