While the majority of Alabama's probate judges are following the rule of law, a few are not. Those few are the ones Liberty Counsel sued yesterday in a petition before the Alabama Supreme Court. Liberty Counsel's mandamus petition requests that the Alabama Supreme Court order the probate judges to cease issuing marriage licenses to same-sex couples.
Of all Alabama voters, 81 percent affirmed marriage as the union of one man and one woman. Last month, U.S. District Court Judge Callie Granade ruled against Alabama's marriage laws. Her ruling does not automatically create a law that validates same-sex marriages, as is being alleged by the media and the ACLU. Judge Granade's ruling has no bearing on the sovereign and independent Alabama judiciary, which remains free to determine for itself what the U.S. Constitution says and does not say.
"America must adhere to the rule of law, not the arrogant creation of 'laws' by judicial activists," said Mat Staver, founder and chairman of Liberty Counsel. "Liberty Counsel is standing against misguided activism and in defense of the probate judges in Alabama who are refusing to issue licenses to same-sex couples."
"Alabama Chief Justice Moore is adhering to the rule of law when he issued an Administrative Order stating the probate judges must not issue marriage licenses to same-sex couples. We are now asking the entire court to order those few probate judges who have wrongfully issued licenses to cease and desist," Staver concluded.
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