Category: Judicial

“Judges and lawyers are ‘building a bridge’ to evil” by Dr. John Killian

By Dr. John Killian, pastor of Maytown Baptist Church and the former president of the Alabama Baptist State Convention

Remember the classic WWII movie about the persistent British colonel who demanded that the Japanese POW Camp Commandant adhere to the rules of the Geneva Convention prohibiting the torture of officers? The Japanese Commandant ended up giving in to the colonel’s consistent stand.

It’s a story about principle, about standing for the rule of law, and about enemies respecting that resolve. But there’s a painful twist. After winning over the Japanese Commandant, British POWs (the colonel’s men), work to construct a bridge over the River Kwai, which will be used to bring war materials to the Japanese Army. Perhaps unknowingly, perhaps after a series of excuses, the colonel loses sight of the bigger picture: the Japanese Army is the sworn enemy of Great Britain and the Colonel is duty-bound to defend his country.

Even as he champions the rule of law before the Japanese Commandant, the British colonel is violating the very principle he claims to promote as he builds the bridge to his nation’s demise. At the end of the movie, after fighting his American allies’ attempt to destroy the bridge, he comes to his senses, cries “what have I done?” and detonates the bridge.

Today in America, forces of evil – antithetical to God’s moral law that defined American and British common law for centuries and antithetical to the principles of federalism which define our nation’s constitution – have hijacked the legal system. Using federal courts and transfigured ideals of “law” and “justice,” these forces pressure our lawyers and judges to ensure that what is wrong is considered right and that immorality is “held in honor by all.” They make the mistake of the British colonel: defying the rule of law as they appear to champion it, while building a bridge for their enemies.

So, keep building the bridge Christian lawyers and judges. Keep working in the name of “justice” to ensure the rule of the sort of law that places helpless children who need a father and a mother in the homes of two homosexuals and force custody decisions in favor of homosexuals. Work to advance the immoral sexual education of our school children! Approve that false definition of “equality” that ousts those “bigots” who believe that homosexuality is sinful and harmful for an individual’s body and soul, from their businesses, their ministries, and their public offices! Substitute the Constitution’s supremacy for the supremacy of federal judges! And, see to it that the moral law of God never again invades the territory of our great American legal system!

Build the bridge to the destruction of all you claim to hold dear and on the brink of eternity – with American society in shreds, souls that don’t know Christ dying in sin, and a church devoid of relevance in the public square – perhaps you’ll still have time to cry, “what have I done?”

Or, just let go of your Bible chains! You have nothing to lose but your soul.

 

http://www.al.com/opinion/index.ssf/2016/09/judges_and_lawyers_are_buildin.html#incart_river_index

Chief Justice Moore: “Probate judges have duty to enforce same-sex marriage ban”

According to an order issued today by Supreme Court Justice Roy Moore, the existing order of the Alabama Supreme Court “…that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect.”

Read the order here. CJ Moore – 160106 Admin order (2)

Phillip Jauregui of the Judicial Action Group issued the following statement,

“This Order is both courageous and very well-reasoned.  We need more federal and state officers like Chief Justice Moore who understand that the job of the Federal Judiciary is not to legislate from the bench, but rather to simply decide disputes between parties consistent with the text of the Constitution.  Judicial opinions, like Obergefell v. Hodges, that purport to set policy for all of America are simply not supported by the Constitutional grant of powers given to the Judiciary.

Thank God for Chief Justice Moore!  Please keep him, his family, and his staff in your prayers!”

Regards,

Phillip L. Jauregui
Judicial Action Group

Say NO to Same-Sex Marriage

Say NO to Same-Sex Marriage | American College of Pediatricians

THE AMERICAN COLLEGE OF PEDIATRICIANS URGES ALABAMA SUPREME COURT TO SAY NO TO SAME-SEX MARRIAGE FOR THE PROTECTION OF ALABAMA’S CHILDREN AND FAMILIES

MONTGOMERY, AL. (November 9, 2015) – In a brief filed Friday, the American College of Pediatricians (the College) urged the Alabama Supreme Court to consider the well-being of children in the case before them that would decide the legal impact of Obergefell v. Hodges in Alabama.  Obergefell is the 5-4 decision by the Supreme Court of the United States discovering a federal constitutional right to same-sex marriage.  Read the entire press release here.

Disobedience to Obergefell

More than sixty prominent legal scholars have issued the following statement on disobedience to Obergefell v. Hodges:

“We are scholars and informed citizens deeply concerned by the edict of the Supreme Court of the United States in Obergefell v. Hodges wherein the Court decreed, by the narrowest of margins, that every state in the country must redefine marriage to include same-sex relationships.   

The Court’s majority opinion eschewed reliance on the text, logic, structure, or original understanding of the Constitution, as well as the Court’s own interpretative doctrines and precedents, and supplied no compelling reasoning to show why it is unjustified for the laws of the states to sustain marriage as it has been understood for millennia as the union of husband and wife.”

Read the entire article from American Principles Project here.

In case you missed it, Eagle Forum President Eunie Smith and Dr. John H. Killian, Sr. recently co-authored an oped on the case which was published on AL.com.  You can see the oped here.   It was also highlighted by World Net Daily.  You may read that article here.

 

 

Where is the Supreme Court of Alabama on gay marriage?

Guest opinionBy Guest opinion AL.com
on October 01, 2015 at 9:00 AM, updated October 01, 2015 at 9:54 AM

By Eunie Smith, President, Eagle Forum of Alabama and Dr. John H. Killian, Sr., former President of the Alabama Baptist State Convention

Eunie Smith
Eunie Smith, President, Eagle Forum of Alabama

 

It has been three months since the Supreme Court of the United States rocked the nation with their landmark opinion in Obergefell v. Hodges, which purported to redefine marriage to include two adults of the same-sex and force that redefinition on “320 million Americans” as Justice Antonin Scalia disparaged in his dissent.

Five “unelected judges” – as Chief Justice Roberts called them in his criticism of Obergefell – dealt an arrogant blow to God, the family, nature, the rule of law, the Constitution of the United States and the democratic process.  Simply because their opinion has been accepted as the “law of the land” by the media and the left, doesn’t mean that the rest of us have to close our eyes to the truth or pretend that the Constitution allows the judicial branch to legislate a new right to same-sex marriage.

John Killian
Dr. John H. Killian, Sr., former President of the Alabama Baptist State Convention

 

Confusion has reigned in the wake of Obergefell.  A Christian clerk was jailed for refusing to issue same-sex marriage licenses. A physician was found guilty of warning patients about the dangers of homosexuality. Leading LGBT activist groups rallied for the legalization of prostitution.  The Browns, of “Sister Wives,” cited Obergefell in their fight to legalize polygamy.  Protests are erupting over transgender boys being allowed in the girls’ bathroom.  The Southern Poverty Law Center is pumping funds into their “Teaching Tolerance” curriculum – aimed at brainwashing children to accept perversion in our public schools. Alabama probate judges who uphold what Alabama’s law demands when it comes to marriage, receive frequent hate mail and threats designed to intimidate them into violating their religious beliefs about marriage.

This is only the beginning. Obergefell will be a catalyst for the further deterioration of the family, religious liberty, and the values and principles that have made America great.  Massive litigation fees will be incurred as Christians in Alabama stand firm on their convictions in businesses, churches, and in the public square.  Judicial activism following Obergefell will only intensify as the sentiments of men and women – no matter how “supreme” – are allowed to trump the rule of law found in the plain text of the Constitution and the “law of Nature and of Nature’s God.”

In March, the Alabama Supreme Court exhibited a remarkable understanding of these issues when they issued a permanent injunction that halted same-sex marriage in this state.  Liberty Counsel – with a brief filed on behalf of Alabama Policy Institute and Alabama Citizens Action Program – has asked the Alabama Supreme Court to affirm its injunction and disregard the Obergefell opinion which four members of the United States Supreme Court said was completely unconstitutional.

That request has been pending in the Alabama Supreme Court for nearly three months.

Washington County Probate Judge Nick Williams and Probate Judge John Enslen of Elmore County, have asked for an “Emergency” Petition and a “Protective Order” to protect their sincerely held beliefs in light of the prosecution of Kentucky Clerk Kim Davis.

So far those petitions also remain unanswered.

Alabamians elected justices to the Alabama Supreme Court with confidence that they would judge rightly in the fear of God, in step with the Constitution of the United States and the Alabama Constitution, and representative of the traditional values that Alabamians cherish.  We anxiously await their decision.

Duty to God, the preservation of our constitutional republic, and the future of families and children require no less than a prompt and resolute decision in this case.  The Alabama Supreme Court should act immediately to protect the sincerely held religious beliefs of our citizens and the sanctity of the institution of marriage – as adopted by 81% of Alabama voters.  They should not leave the citizens of Alabama to wonder, “Where is the Supreme Court of Alabama?”

Pediatric Association on Marriage Opinion

This past Friday, the President of the American College of Pediatricians, Dr. Michelle Cretella, criticized the Supreme Court’s decision to force every state in America to allow sodomy-based “marriage.”  Dr. Cretella argues,“[T]his is a tragic day for America’s children. The SCOTUS has just undermined the single greatest pro-child institution in the history of mankind: the natural family. Just as it did in the joint Roe v Wade and Doe v Bolton decisions, the SCOTUS has elevated and enshrined the wants of adults over the needs of children.”

At their website, the College has posted a wealth of information and scientific evidence that same-sex “marriage” is destructive to children and that children do best in natural families. In April, the College posted the following press release to their website, urging the Supreme Court to protect America’s children.

Same-Sex Marriage – Detrimental to Children
April 29, 2015 in Press Release

“The American College of Pediatricians urges the Supreme Court of the United States to consider the well-being of children in the case before them this week to legalize same-sex marriage.  While the debate over the legitimacy of same-sex marriage can be viewed from many perspectives, there should be little debate about the effects it has upon children: Same-sex marriage deliberately deprives the child of a mother or a father, and is therefore detrimental.  The College advocates for children in this debate from an objective position grounded in scientific evidence.

President, Michelle Cretella, states ‘The court must understand the gravity of their decision in its impact upon children around the world.  Every child needs a mother and a father.  Same-sex marriage directly disenfranchises children of this right.’

There is unequivocal evidence of the fundamental value of the married, father-mother family unit to the optimal development of the child.  For more information, including a link to the Amicus Brief filed with the Supreme Court, visit the Same-Sex Marriage page on the College website.”

Senator Jeff Sessions: “The Supreme Court Has Become a Supreme Legislature”

WASHINGTON—U.S. Sen. Jeff Sessions (R-AL), a senior member of the Senate Judiciary Committee, issued the following statement today regarding the Supreme Court’s order to change the marriage laws in the 50 states:

“The Supreme Court has become a Supreme Legislature. They have not only rewritten the laws of the 50 United States, but have redefined a sacred and ancient institution. The Framers provided only two means of amending the Constitution: an amendment must be proposed through either a two-thirds vote of the House and Senate or a constitutional convention called for by two-thirds of the states, and either must then be ratified by three-fourths of the states. They did not authorize judges to amend the Constitution. Five judges have neither the moral nor legal authority to decide for themselves that the heritage which gave birth to our nation should be supplanted with their own fleeting views of contemporary events.

 

Read the rest of Senator Sessions’ statement here.

 

 

If marriage reconfigured in the law…family, Western Civilization will likely crumble

The following letter from Dr. James Dobson was distributed to Eagle Forum leaders nationwide.

 

Dear Friends,
May I urge you to read this letter carefully? It has been written with a fervent prayer that you will recognize the urgency it conveys. It deals with a decision that is about to be announced by the U.S. Supreme Court, dealing with the definition of marriage. In late June or early July, the Justices will reveal their decision to either affirm the definition of marriage as being exclusively between one man and one woman, or it will redefine this institution to include same-sex unions….

Read entire letter here .

 

 

We Will Defend Alabama’s Probate Judges

An Open Letter to Alabama Legislators,

In an effort to help you encourage your local Probate Judges to stand for natural marriage, I am forwarding the excerpted email below from Mat Staver, chairman of Liberty Counsel.  He has pledged to defend those who refuse to perform ceremonies that violate Alabama’s Constitution.

Support for those who resist this judicial tyranny comes from the Alabama Baptist Board of Missions http://www.thealabamabaptist.org/print-edition-article-detail.php?id_art=33380&pricat_art=1,Franklin Graham http://www.wnd.com/2015/02/franklin-graham-weighs-in-on-alabama-marriages/, and the 81% of Alabamians who voted for the sanctity of marriage amendment – among many others!

Please read Phyllis Schlafly’s 1/28/2015 column to understand why:

·          “It’s long past time for the U. S. Supreme Court to reaffirm the principle that the federal courts can not interfere in state domestic relations”. http://www.eagleforum.org/publications/column/marriage-on-the-chopping-block.html

Additionally, I call to your attention the Marriage Statement in the 2009 Manhattan Declaration co-authored by Dean Timothy George (Beeson Divinity School at Samford University), the late Chuck Colson, and McCormick Professor of Jurisprudence at Princeton University, Dr. Robert George  http://www.manhattandeclaration.org/#0. It has close to one million signers.  Included is this statement:

             “No one has a civil right to have a non-marital relationship treated as marriage.  Marriage is an objective reality – a covenantal union of husband and wife – that it is the duty of the law to recognize and support for the sake of justice and the common good…  If it fails to do so, genuine social harms follow.  First, the religious liberty of those for whom this is a matter of conscience is jeopardized.  Second, the rights of parents are abused as family life and sex education programs in schools are used to teach children that an enlightened understanding recognizes as “marriages” sexual partnerships that many parents believe are intrinsically non-marital and immoral.  Third, the common good of civil society is damaged …”

May God bless you in these critical times as you seek to deter the condoning of actions that God and civilized society have condemned for centuries as unhealthy.

Sincerely,
Eunie Smith, President
Eagle Forum of Alabama
alaeagle@charter.net
(205) 879-7096
_________________________________________________________________________________

In an escalating battle for natural marriage, Alabama has become ground zero.  The state is in judicial chaos after a federal judge ruled that Alabama’s marriage law is unconstitutional. Alabama Supreme Court Chief Justice Roy S. Moore took issue with the ruling and rightly declared that probate judges are not required to preside over same-sex “marriage” ceremonies.  Liberty Counsel will defend the probate judges who follow the direction of Chief Justice Moore. Please see my important update on this pressing matter – Mat.

It is fitting that Alabama’s motto is, “We dare defend our rights,” while the battle to preserve natural marriage is raging in that southern state.  Last month, U.S. District Court Judge Callie Granade ruled that Alabama’s prohibition on same-sex marriage was unconstitutional, and then put her decision on hold until yesterday.
Yesterday morning, the Supreme Court of the United States refused Alabama Attorney General Luther Strange’s request to extend the judge’s hold on the order until the High Court rules on the matter this summer. …

Liberty Counsel agrees with Chief Justice Moore. The Alabama probate judges are not bound by an opinion of a single federal judge. This sole federal judge does not have jurisdiction to order all state probate judges to issue marriage licenses to same-sex couples. As members of the state judicial branch, probate judges are not bound by the decisions of the lower federal courts, as confirmed by multiple Alabama and U.S. Supreme Court cases.

 

We will defend any probate judge who is challenged on their refusal to perform a same-sex marriage.
In 2006, 81 percent of Alabama voters opposed a same-sex marriage initiative. Nationwide, the expressed legal will of tens of millions of Americans have been trampled under foot by judicial activism on the issue of marriage.

+ + Now is the time for Americans who are concerned about the moral collapse in our nation to rise up and take action by standing for marriage!  This battle is far from over. …

+ + An escalating “marriage” quagmire.

Right now, Liberty Counsel is also involved in numerous other cases to affirm that natural marriage is not subject to redefinition by a court or legislature. We are aggressively defending the rights of citizens to declare that natural marriage is the standard for their state and locality.

We are standing with Christian business owners who decline same-sex “marriage” business, which would force them to participate in something that violates their consciences. We are empowering these business owners to stand against the personal assaults, demonstrations, and demonization by radical homosexual activists.

Last month, the High Court agreed to review a federal appeals court decision that upheld natural marriage laws in Michigan, Ohio, Kentucky, and Tennessee. Again, our legal team will be actively engaged in that hearing.  I firmly believe that this is a crucially important and winnable battle.

God bless you abundantly for standing on behalf of God-ordained, natural marriage.

Mat Staver, Founder and Chairman
Liberty Counsel

P.S. Marriage laws nationwide are in horrible confusion as is evidenced recently in Florida and now in Alabama.  This disorder and division in lower jurisdictions is what can be expected when judicial activists force their will on society!

+ + Comments? Questions?

http://www.libertyaction.org/r.asp?U=541331&CID=1310&RID=43215355

Liberty Counsel, with offices in Florida, Virginia and Washington, D.C., is a nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of human life, and the family.  Liberty Counsel . PO Box 540774 . Orlando, FL 32854 . 800-671-1776

Obamacare Is Now A Tax And Liberty Is Now A Memory

Many conservatives were convinced that yesterday we would see the US Supreme Court strike down what we know is a massive expansion of the federal government and an unconstitutional use of federal power.  Unfortunately, things didn’t quite turn out as we had hoped.  While there were not 5 votes to allow Congress to use the commerce clause to force individuals to buy health insurance, Chief Justice Roberts voted with Justices Breyer, Ginsberg, Kagan, and Sotomayor to uphold the law on the grounds that Congress does have the power to tax and that requiring an individual to pay a tax for refusing to purchase health insurance is consistent with that power.  A copy of the ruling can be found here.

There were only two small victories (if you want to call them that) for conservatives: 1) the individual mandate was not upheld under the Commerce Clause of the US Constitution limiting (albeit to a small extent) Congressional power to regulate economic activity; and 2) attempts to force states to expand Medicaid by threatening to withhold all Medicaid funds from states that refused to comply was ruled unconstitutional.  Under today’s ruling, states can choose to expand Medicaid programs and get extra money from Congress to pay for part of that expansion, but if they choose not to expand Medicaid, they cannot be denied existing Medicaid funds.  This is extremely important to Alabama where our state General Fund budget is already in shambles due to the high costs of Medicaid.  If this provision had been upheld, it would have made an already bad situation much, much worse.

So what lesson can we take away from today’s ruling?  First and foremost, we cannot count on the US Supreme Court to save us from ourselves.  This ruling makes the November election more important than ever before because it will literally determine the fate of our country.  For those of us who believe the country is headed in the wrong direction, it is vital to the future of our nation that we participate–along with working ourselves we should also encourage others to help get candidates elected who share a constitutional worldview and once these candidates are elected, do everything in your power to make sure they stick to their philosophy.  We must help elect a president who will appoint judges with a strict constructionist judicial philosophy.  Finally, we MUST hold these candidates accountable and let them know we will support them when they do the right thing.

The real loser yesterday was not Republicans or Conservatives or the Tea Party (no matter what the media says), the real loser yesterday was the United States of America and liberty as we know it.  We cannot forget that and we MUST fight back.

More good resources on today’s Supreme Court ruling can be found here:

Analysis by Richard Epstein:  http://www.scotusblog.com/2012/06/taxation-and-regulation-under-the-health-care-act/

Cato Institute Video Analysis of Ruling:  http://www.youtube.com/watch?v=pMkg0y4vakM

On the Medicaid Provision:  http://www.scotusblog.com/2012/06/court-holds-that-states-have-choice-whether-to-join-medicaid-expansion/

ALEC Guide to Repealing Obamacare:  http://www.alec.org/publications/the-state-legislators-guide-to-repealing-obamacare/