Quote Of The Day - Paul Hard

"Four years ago, this journey began in grief and pain. I am grateful that the courts have ruled that it will end in justice and equality for couples like David and me. I pray that equality for LGBT Americans continues and need not be won at the cost of sorrow and turmoil. I hope that this decision marks a new day for Alabamians and others in the public’s recognition of my marriage and a love that is equal to any other." - Paul Hard (above right with his late husband), who last week finally won his legal battle against his evil former mother-in-law.

Hard was represented by the SPLC, who announced the closure of the case today. Here's how it all started:

Hard, an assistant professor at a Montgomery area university, and Fancher were married in May 2011 in Massachusetts. Fancher was killed three months later when his car collided with a large truck on Alabama’s Interstate 65. Hard sued the trucking companies in a separate case not filed by the SPLC, and that suit was settled in July 2014. On the morning of the accident, when Hard arrived at the hospital in Prattville, Alabama, a receptionist refused to give him any information about his husband. He was told he was not a member of Fancher’s “family” and that gay marriages weren’t recognized in Alabama. Finally, a hospital orderly told Hard, “Well, he’s dead.” After receiving the traumatic news, a funeral home director cited Alabama law in insisting that the death certificate indicate Fancher was never married – even though Fancher and Hard were legally married in Massachusetts. Likewise, the state would not recognize Hard as the surviving spouse. Fancher’s mother, Pat Fancher, sought to be the sole beneficiary of the wrongful death suit proceeds, even though Hard was due a portion as the surviving spouse.

The mother-in-law was represented by the Foundation For Moral Law, which was founded by Alabama Supreme Court Chief Justice Roy Moore after he was first booted from the bench. Since Moore's reelection the group has been headed by Moore's wife, Kayla Moore. The SPLC has filed unrelated judicial ethics complaints against Roy Moore for his calls to defy the US Supreme Court's Obergefell ruling.

ALABAMA: Committee Advances Bill To End All Marriage Licenses Statewide

Via the Associated Press:

A state Senate committee has approved a bill to take Alabama probate judges out of the wedding license business following the U.S Supreme Court ruling legalizing gay marriage. The Senate Finance and Taxation General Fund Committee on Monday approved the bill to do away with state-issued marriage licenses. Instead, spouses would file a signed marriage contract at probate offices. Several Alabama probate judges have shut down marriage license operations rather than give licenses to same-sex couples. Sen. Greg Albritton, the bill’s sponsor, says the bill could be a solution to lingering disputes over gay marriage. Lawmakers are in special session to deal with a budget shortfall. Bills outside the governor’s call for a special session have a slimmer chance at passing because they require a two-thirds vote.

Republicans outnumber Democrats by 87-51.

ALABAMA: SPLC Updates Complaint That Roy Moore Has Violated Judicial Ethics

AL.com reports:

In its filing today, SPLC says Moore has committed new ethics violations by improperly commenting on pending or impending cases in numerous speeches and interviews; by suggesting that Supreme Court precedent need not be followed; and by announcing that he would recuse himself from cases rather than apply precedents with which he disagreed. The SPLC also contends Moore's continued association with the Foundation for Moral Law also violates the Alabama Canon of Judicial Ethics. Moore's wife, Kayla, services as the president of the legal services organization; Moore is listed as president emeritus.

"Justice Moore has been removed from office for unethical actions once before, but it's clear that he hasn't learned his lesson," SPLC President Richard Cohen said in a statement. "It's obviously unethical for him to urge defiance of a United States Supreme Court ruling. He needs to understand that he is a judge, not a preacher." The SPLC complaint states that in a July 7 interview with political activist Randall Terry, Moore indicated that he was in "active" conflict with the federal judiciary over its "horrendous opinion" in the same-sex marriage case and was fighting the same-sex ruling with briefs and speeches.

The SPLC's original complaint, filed in January, contends that Moore is "encouraging lawlessness by attempting to assemble state officials and judges to oppose the federal court system."

ALABAMA: Evil Mother-In-Law LOSES, Court Orders Big Payout To Gay Widower

Evil Alabama mother-in-law Pat Fancher and the Foundation For Moral Law have finally lost their attempt to deny gay widower Paul Hard the proceeds from a wrongful death suit filed on behalf of his late husband, who died in a car accident in 2011. Equality Case Files has the order:

The Clerk of the Court is DIRECTED to issue a check drawn on ServisFirst Bank where the funds are deposited in a money market account for the principal amount of $552,956.69, plus ninety percent of all interest earned to date that is due for distribution to Plaintiff Paul Hard. This check shall be made payable to Servis First Bank. ServisFirst Bank shall provide the Clerk of the Court with official checks payable to: a. The Southern Poverty Law Center Client Trust Account in the principal amount of $552,956.69, plus ninety percent interest earned to date; and b. The Clerk of the Court for ten percent of all interest earned to date to the U.S. Treasury.

Two weeks ago the Foundation For Moral Law filed an argument which claimed that the Obergefell ruling does not apply retroactively to unsettled legal claims.

"The issue is not whether someone may marry a member of the same sex today. The issue is whether a court may or should look back four years and recognize a marriage that was not legally valid. Of course, if the marriage is recognized it will only cause further economic harm to a family which has already lost one its own. And if recognized, this man will be awarded an entire spousal share of the wrongful death proceeds which would be unjust even under normal circumstances considering the two were 'married' less than 3 months."

Immediately following the above-linked ruling, the Foundation For Moral Law filed a motion to set aside the order. The same judge responded by saying, "Didn't I just say go fuck yourself?"

RELATED: The Foundation For Moral Law was headed by Roy Moore until he won reelection to the Alabama Supreme Court. The group is now headed by his wife, Kayla Moore. The Foundation For Moral Law openly advocates for replacing the government of the United States with a Christian theocracy ruled by "biblical law."

NOM: Alabama Should Ignore SCOTUS

"The Supreme Court's decision in Obergefell mandating same-sex marriage throughout the nation is not only wrong, but illegitimate. The oaths that elected officials take is to 'the Constitution,' not to 'the Supreme Court,' and it is high time that 'that eminent tribunal' be reminded that the very essence of its authority comes from the Constitution. As John Marshall stated in the famous decision of Marbury v. Madison, the power of judicial review does not imply a superiority of the courts to the elected branches of government, but a superiority of the Constitution to both."- NOM chairman John Eastman, in a joint press release urging the Alabama Supreme Court to act on the demand filed earlier this month by the Liberty Counsel.

ALABAMA: 13 Counties Holding Out

Via press release issued yesterday by the Campaign For Southern Equality:

Alabama counties are missing out on thousands of dollars in revenue as a result of probate judges closing marriage license offices. The 13 counties that are not currently issuing marriage licenses are forfeiting an estimated $132,106.50 in annual revenue. Nearly a month after the Supreme Court's ruling on marriage equality, 53 of Alabama’s 67 counties are issuing marriage licenses to same-sex couples, 13 have closed their marriage license offices to all couples, and Coosa County is neither issuing marriage licenses to couples or is closed. Despite no longer performing a vital aspect of their jobs, probate judge and probate court employees in those 13 continue to be paid their full salaries and benefits. Across the state, probate judges’ salaries range from $52,500 to $155,000 annually.

See more here.

ALABAMA: Marriage Equality Plaintiffs Finally Win Their Adoption Battle

AL.com reports:

Nine years later, Khaya Searcy has two legal parents. On Friday, retired Baldwin County Circuit Court Judge James Reid granted the adoption for Cari Searcy in Mobile County Probate Court. His approval of the measure ended a winding and politically fraught legal battle for Searcy and her wife Kim McKeand, Khaya's biological mother.

Their four-year-long quest to adopt the child led to a federal judge overturning the state's constitutional ban on same-sex marriage earlier this year. "It was such a surreal feeling when (Reid) said 'it's in the best interest of this boy to have two legal parents,'" Searcy said. "For me, that's when I broke down. It's very emotional and a day we've been waiting for a long, long time."

Searcy first filed paperwork in Mobile County Probate Court in 2011 to legally adopt the boy, whom she has raised since birth. After a brief hearing, Mobile County Probate Judge Don Davis rejected the petition in April 2012, citing the state's ban on same-sex marriage. The Alabama Court of Civil Appeals later upheld that decision. In February, a federal judge ruled that Searcy could not be denied her desire to adopt Khaya, clearing the way for same-sex marriage in Alabama.

I don't recommend the comments at the link.

ALABAMA: Two More Counties Relent After Obergefell Rehearing Window Expires

Two renegade Alabama counties have resumed issuing marriage licenses today. Via the Dothan Eagle:

Houston County Probate Judge Patrick Davenport hasn’t issued any marriage licenses since February. Henry County Probate Judge David Money suspended issuing marriage licenses to any couples last month after the U.S. Supreme Court ruled same-sex couples had a right to marry. On Tuesday, a 25-day window during which a petition for rehearing could be filed by the parties in that case expired. “During that period the Henry County Probate Office suspended the issuance of all marriage licenses pending further legal developments,” Money said in a statement. “Henry County continues to maintain the position that we will abide by all federal and state laws related to the issuance of marriage licenses. After consultation with the Alabama Probate Judges Association, the Association of County Commissioners of Alabama as well as with attorneys for those associations, and after recognizing that all legal options have been exhausted, the Henry County Probate Office will resume the issuance of marriage licenses on Wednesday, July 22, 2015 at 8:30 a.m.” Davenport had similar reasoning for making his decision.

It's not clear how many Alabama counties continue to hold out. Two weeks ago the number was thirteen. (Tipped by JMG reader Grant)

Evil Alabama Mother Still Won't Let Dead Son's Husband Have His Estate

Remember Patricia Fancher, the evil Alabama mother who hired the Foundation For Moral Law to petition SCOTUS to keep her former son-in-law, Paul Hard, from inheriting his dead husband's estate? Despite the Obergefell ruling, she is still fighting. From the FML's executive director Matthew Kidd:

"The issue is not whether someone may marry a member of the same sex today. The issue is whether a court may or should look back four years and recognize a marriage that was not legally valid. Of course, if the marriage is recognized it will only cause further economic harm to a family which has already lost one its own. And if recognized, this man will be awarded an entire spousal share of the wrongful death proceeds which would be unjust even under normal circumstances considering the two were 'married' less than 3 months."

From FML president Kayla Moore, wife of Alabama Supreme Court Chief Justice Roy Moore:

"It is outrageous that five unelected lawyers on the U.S. Supreme Court think they can invalidate a constitutional amendment adopted by 81% of Alabama voters in 2006, on the flimsy ground that violates a so-called 'right' found nowhere in the Constitution. It adds insult to injury to contend that this so-called 'right' should be applied retroactively to matters that should have been settled long ago."

Back in November 2014 the Social Security Administration advised Paul Hard that since he and his late husband were not married "under the laws of Alabama," he is not eligible for federal death benefits. In February 2015, when same-sex marriage first became legal in Alabama, Paul Hard was granted an amended death certificate declaring him to have been the legal spouse of his late husband. That's when Hard's evil former mother-in-law employed the FML in an attempt to thwart Hard's receipt of his share of the settlement in a wrongful death suit filed following his late husband's car accident. According to yesterday's press release, the FML is now claiming that Obergefell does not retroactively apply to unsettled legal actions. Not incidentally, the FML openly advocates for replacing the government of the United States with a Christian theocracy ruled by "biblical law."

Roy Moore: SCOTUS Murdered God

AL.com reports:

Alabama Supreme Court Chief Justice Roy Moore told a church crowd on Sunday that the U.S. Supreme Court "destroyed the institution of God" by legalizing same-sex marriage. Moore, who made national news when he ordered the state's probate judges to withhold same-sex marriage license in violation of a federal judge's decision, addressed a congregation of about 150 people at Magnolia Springs Baptist Church in Theodore.

"How do they come out now and say that marriage, which is ordained by God, doesn't mean what it's always meant, between a man and woman?" Moore said. "Not between two men, two women, or three women and one man. "See, they don't have a definition. They've just destroyed the institution of God. Despite what they think, it's not their doing. Satan drives us. He's out there destroying everything God created including us as human beings."

Throughout his 35-minute speech, Moore sprinkled in biblical passages and religious quotes written by the framers of the U.S. Constitution as proof that the United States is a Christian nation. He spoke in support of his non-profit, the Foundation for Moral Law. Following his speech, he sold and signed $20 copies of his book "So Help Me God," and $5 pamphlets that featured speeches and writings from the founders of the United States.

The Foundation For Moral Law openly advocates for turning the United States into a Christian theocracy ruled by "biblical law."

ALABAMA: 13 Holdout Counties

Earlier this week the Liberty Counsel issued a 33-page brief to the Alabama Supreme Court which declares that they can defy Obergefell.

ALABAMA: Liberty Counsel Advises State Supreme Court On Defying Obergefell

Via Lyle Denniston at SCOTUSblog:

Asked by the Alabama Supreme Court for advice on what to do next on same-sex marriage, two conservative advocacy groups in the state have urged both direct and indirect resistance to the Supreme Court’s ruling mandating a constitutional right for gays and lesbians to wed. The state court, the groups argued, has the constitutional power to refuse even to accept what the Justices have done, and has a constitutional duty to insulate state officials from legal risk if they do not obey the decision based on a religious objection.

The thirty-three-page brief was filed on Monday by the Alabama Policy Institution, a think tank, and by the Alabama Citizens Action Program, an inter-denominational church support group, which earlier had persuaded the state’s highest court to block all of the state’s sixty-eight probate judges from issuing any marriage licenses to same-sex couples, even though all of them were under an order to do so by a federal judge in Mobile.

Depending on what the state court now does, it could set up a new federal-state collision that potentially could go to the Supreme Court. Lower federal courts could take direct action against state trial court judges, but only the Supreme Court could review a decision by the Alabama Supreme Court on a federal constitutional issue.

Co-authoring the brief is Liberty Counsel head Mat Staver.

RELATED: Thirteen Alabama counties have stopped issuing all marriage licenses.

The 13 counties that have stopped issuing licenses are home to an estimated 464 same-sex couples, 20% of which are raising children. A total of 441,437 people live within the impacted counties and a majority of these counties have poverty rates exceeding the state average of 18.6%. “These closures are causing unnecessary complications and burdens for any couple – gay or straight – who seeks to marry in their home county. Why should a couple have to drive for over an hour to get a marriage license? What if a couple can’t marry because they have an unreliable car, or they can’t get the time off work? We urge all counties in Alabama to immediately begin issuing licenses to same-sex and opposite-sex couples,” says Rev. Jasmine Beach-Ferrara of the Campaign for Southern Equality, which promotes LGBT equality across the South.

ALABAMA: State Supreme Clerks Orders Stop To Same-Sex Marriage Licenses UPDATE: Or Maybe They Didn't

AL.com reports:

The Alabama state supreme court today issued an order that effectively keeps probate judges from issuing marriage licenses to same-sex couples for 25 days. Chief Justice Roy Moore recused himself, but he said his view of the order is that the U.S. Supreme Court ruling on Friday ending the gay marriage order is stalled in Alabama. Seven of the nine justices concurred with the order. Only Moore and Supreme Court Justice Greg Shaw joined Moore did not sign on. "I am not real clear what it's saying .. it's very unclear," Jefferson County Probate Judge Sherri Friday said. At this moment, they are still issuing licenses to same-sex couples as her attorneys review the order. Part of the order, Friday said, states parts of the U.S. Supreme Court ruling that were appealable for rehearing.

Pointless grandstanding. But I knew Roy Moore was being suspiciously quiet.

UPDATE: The HRC says the above-linked report is inaccurate.

Today, contrary to some press accounts, the Alabama Supreme Court did not order a stop to the issuance of marriage licenses to same-sex couples. The Human Rights Campaign (HRC) called on probate judges that were already issuing marriage licenses to continue to do so—and urged the probate judges that had not yet issued marriage licenses to begin doing so. HRC Legal Director Sarah Warbelow issued the following statement:

“There is no justification for delaying or obstructing the clear message of the Supreme Court of the United States—marriage equality must begin in Alabama, and probate judges who stand in the way of that legal imperative risk exposing themselves to legal consequences. There is zero chance of marriage equality being reheard by the Supreme Court—particularly given that all four states that were parties in this case have accepted the outcome—and as a result the Court's holding in Obergefell v. Hodeges should be implemented across the country immediately.”

ALABAMA: Confederate Flags Come Down

Not pictured: Todd Starnes weeping bitter impotent tears.

REPORT: Roy Moore And Mike Huckabee's Co-Author Was Sued For Child Molestation

Buzzfeed reports that John Perry, the co-author of books by Roy Moore and Mike Huckabee, was accused of molesting a young girl in two separate lawsuits.

“The alleged sexual battery was reported to have occurred when the victim was between the ages of 11 and 14,” said Nashville police department spokesperson Don Aaron in a statement to BuzzFeed News. “As a result of the investigation, the allegations of sexual battery were sustained, but it was determined that the statute of limitations had tolled, barring prosecution. The victim was age 18 when she first disclosed the allegations to non-law enforcement and said at that time she did not want the matter reported to the Tennessee Department of Children’s Services or the police.” In a second series of lawsuits brought in a county court in Tennessee, and related to the same alleged acts of child molestation, Austin Davis, a former parishioner of Covenant Presbyterian Church in Nashville, claims that the church covered up Perry’s alleged acts of child molestation and launched a campaign to silence and harass Davis.

Huckabee's spokesman has not responded to a request for comments.

At The Latest Alabama Hate Rally

We didn't have any video for my report on Monday, but Alabama Supreme Court Chief Justice Roy Moore has thoughtfully posted the below clip to his Facebook page.

ALABAMA: Hundreds Turn Out For Last-Ditch Rally Against Gay Marriage

Via the Montgomery Advertiser:

Opposing sides of the marriage issue in Alabama came together at the Capitol steps on a very hot Saturday afternoon. Organized by the Sanctity of Marriage group, close to 1,000 people came out for the event and congregated under shade trees and umbrellas to escape the sun. A large part of the crowd was there to support Christian values and traditional marriage, but many were there in opposition to show their support of same-sex marriage. Signs that read, "1 Man+1 Woman= marriage" and "Marriage is a Sacred Covenant," were seen right alongside those that read, "Love will win!" and "I don't follow your religion and you can't make me."

The event had a long line-up of speakers including government leaders, ministers and professors. U.S. Representative Gary Palmer appreciated the crowd's civility, but pointed out one of the signs from the same-sex camp. "I've seen these signs that read, 'I don't follow your religion and you can't make me,'" Palmer said. "Well that's not the point. You can't make us not believe what we believe." Jessie Onks, her husband Bill Onks and their two teenagers came from Greenville to show that they "stood on the Word of God," when it comes to the issue of marriage. "This is not just a sexuality issue, it's a sin issue, so it's all of us that need to get right with God," Onks said. "I'm passionate about it because it's the foundation of the family ... you can see the decay of the family everywhere in society."

Via press release from Sanctity Of Marriage Alabama:

Congressman Gary Palmer said, "When you see people trying to force Islamic clerics to perform same-sex marriage, it might be a war on religion, but right now it's a war on Christianity." John Killian exhorted the crowd to pray, "Remember that there is a God in heaven who rules and reigns!" Eunie Smith (Eagle Forum, Alabama) warned parents about the blatant LGBT agenda in our public schools designed to change religious and moral beliefs and encouraged Christian parents to ensure that their children are taught "a Christian worldview."

Speakers called on Christians to pray, stand strong, get involved, and repent. Bishop Kyle Searcy preached the mercy, grace, and forgiveness offered to all sinners through Jesus Christ. Kayla Moore (Foundation for Moral Law), wife of Chief Justice Roy Moore, applauded the Supreme Court of Alabama, drawing loud cheers from the crowd. "Chief Justice Moore is not here," she said. "It's called judicial ethics -- something that Ruth Bader-Ginsburg needs to learn." Nick Williams called on Christians to obey God rather than men in the days ahead. "We're fighting for our children and their children," said Representative Will Ainsworth.

Hit the first link for more photos.

Matt Baume: Marriage News Watch

Clip recap:

A bill to allow North Carolina officials to refuse to serve any couple they don't like is several steps closer to passing, even after the governor vetoed it. Texas is coming up with new excuses for refusing to issue marriage licenses. And with a federal ruling on marriage due any day now, Judge Roy Moore continues to speak out against the Supreme Court.

ALABAMA: GOP Bill To Ban All Marriage Licenses Dies For Current Session

And another one bites the dust.

Legislation that would take the state of Alabama out of the business of issuing marriage licenses died in the House of Representatives committee today. "This bill does not destroy marriage," Rep. Greg Albritton, R- Bay Minette, said. "This bill does not denigrate marriage. This bill doesn't desanctify marriage because the state cannot sanctify marriage." The legislation passed in the Senate, but it won't go before the House for consideration. It failed 8-3 in the House Judiciary Committee. Albritton said the bill would simply substitute the license for a marriage contract that would be filed in the probate office and would take away the requirement for a marriage ceremony. It was an attempt to prevent chaos from ensuing if the Supreme Court legalizes gay marriage this summer, he said. "My goal is not to protect a group," Albritton said. "My goal is to protect the state."

NOTE: The above-linked story misidentifies Albritton as a member of the House. He is actually the state Senate author of the bill.

Hate Group Leader Kayla Moore Passes Along Fake Story About Hillary Clinton

This weekend Foundation For Moral Law head Kayla Moore will be headlining yet another anti-gay marriage rally in Alabama. In the meantime she's posted a fake news item about Hillary Clinton from a satire site. Deliberate or stupid? Your call.