A Judicial Divide Over Marriage: Moore v. Federal Court

Alabama Supreme Court Judge Roy Moore is challenging a federal judge’s ruling permitting same-sex “marriage” in his state.

Once again, a federal court ruling is trying to override a popular vote in favor of traditional marriage. Alabama voted overwhelmingly to approve a constitutional amendment defending traditional marriage in 2006. However, this case is different. After seeing 34 states forced to recognize same-sex “marriage” through court decisions, Judge Roy Moore is challenging the federal court and is accusing them of tyrannical “judicial activism.”

Chief Justice Moore stated that the ruling “raised serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment.” Aside from the immorality of homosexuality, Moore questions the legality of such a decree.

Legality and Morality of the Federal Court Ruling

Although all have equal rights in the eyes of the law, the crux of the question Judge Moore alludes to is: Do all relationships have to be redefined as “marriage?”

Same-sex “marriage” advocates state that marriage is “love.” This is a slippery slope.

Consequentially, moral and immoral relationships are thrown into the melting pot. Such a classification destroys the notion of any morality, putting adultery, incest, pedophilia, and homosexuality right next to innocent non-sexual relationships between a father and son, brother and sister, two friends or grandparent and grandchild.

Clearly, there is a difference between these relationships. Moral relationships provide an atmosphere whereby individuals can aid each other by growing in virtue and charity. Quite contrarily, immoral relationships, regardless if they are consensual or not, do not contribute to the wellbeing, but rather the ruin of each soul.

Conflict between the State and Federal Law

In a letter on February 2, Judge Moore stated, “Probate judges of Alabama are not bound by the orders of January 23, 2015, and January 28, 2015.”

He also ordered all the probate judges to refuse marriage licenses to any homosexual couples. Currently, one-fourth of his judges are following his orders.

This leads one to question: Whose law stands, the state or the federal government? Does the federal court have the authority to override other states’ constitutional amendments? More importantly, is there a higher law—natural law—that is above all other law?

Chief Justice Moore is an example of a public figure who, rather than cave in, has decided to uphold the definition of marriage.

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