Roy Moore, the Chief Justice of the Alabama Supreme Court who notoriously flouted a federal court ruling which struck down the state’s ban on same-sex marriage, today suggested that he will continue to defy the federal judiciary on marriage equality.
Moore shared a statement on Facebook from his wife, who heads the Religious Right legal group he created, The Foundation for Moral Law, vowing to defy the “illegitimate” ruling from the Supreme Court:
The Foundation for Moral Law, a Montgomery-based legal foundation dedicated to the defense of the Constitution and the rights of religious persons, says the battle for traditional marriage will continue despite the decision of the U.S. Supreme Court to strike down laws prohibiting same-sex marriage.
Today the Supreme Court voted 5-4 to reverse a ruling by the Sixth Circuit Court of appeals that had upheld the marriage laws of Michigan, Ohio, Kentucky, and Tennessee, holding that the right to marry a person of the same sex is guaranteed by the Fourteenth Amendment to the Constitution. But the Foundation for Moral Law is blowing the whistle on the illegitimacy of today’s decision.
Not only does the U.S. Supreme Court have no legal authority to redefine marriage, but also at least 2 members of the Court’s majority opinion were under a legal duty to recuse and refrain from voting. Their failure to recuse calls into question the validity of this decision.
“This means we’ve got more work to do, but we are determined to do it,” said Foundation President Kayla Moore. “The Foundation is involved with a same-sex marriage case in the Middle District of Alabama, and that case will continue. There are issues in this case that the Supreme Court’s decision didn’t resolve.”