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."

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.

Mat Staver: Obergefell Requires Christians To Rip Pages Out Of Their Bibles

"There is existing precedent for a state’s highest court to reject an unlawful mandate from the U.S. Supreme Court. The hope of our Constitutional Republic rests upon state officials and American citizens who will refuse to allow five, black-robed judges to rob us of our free, representative form of government. A judicial opinion without constitutional basis is not law and should not be followed by any state or citizen. Never before in America has a religious requirement been required to hold office or own a business, and it cannot begin now. To require Christians to pull out pages of their Bible in order to hold office or own a business is anti-American and it is unconstitutional, despite what any judge may say otherwise." - Hate group leader Mat Staver, whose Liberty Counsel has advised the Alabama Supreme Court to defy the Obergefell ruling.

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.”