Despite a ruling by a federal judge in Mobile making same-sex marriage legal in Alabama last year, and in the face of a United States Supreme Court ruling last year making its legality the law of the land, Moore instructed probate judges throughout Alabama to ignore those higher courts and to refuse to issue licenses to same-sex couples.
Moore’s actions led the Southern Poverty Law Center to file complaints with the commission, which acts much in the same way as a grand jury. When it receives a complaint, the commission investigates and decides whether to forward charges to the Alabama Court of the Judiciary.
This isn’t the first time Moore has been in this situation.
Back in 2003, he was removed from the office of chief justice for flouting a federal court ruling ordering the removal of a Ten Commandments monument he had installed in the courthouse rotunda.
The episode turned Moore into a martyr in the eyes of right-wing activists, although his newfound celebrity wasn’t enough to help his two unsuccessful campaigns for governor.
But in 2012 Moore returned to the Alabama Supreme Court, where he was once again lauded by the Religious Right when he tried to block same-sex marriages from taking place in the state in defiance of the federal courts.
Moore himself has likened the Supreme Court’s marriage equality ruling to Nazi oppression and has tapped Liberty Counsel chairman Mat Staver, the Religious Right activist who used bizarre legal arguments to defend Kentucky clerk Kim Davis in her unsuccessful attempt to flout the Supreme Court on marriage equality, to represent him in the case.
Indeed, far-right pastor Dave Daubenmire is already planning to hold a rally in Montgomery, Alabama, to support Moore and challenge the “uncircumcised philistine of the federal court system.”
Moore’s wife, Kayla Moore, who succeeded him in leading the Religious Right legal group Foundation for Moral Law, posted a song on her Facebook page yesterday comparing her husband to actual Christian martyrs.