In a column published last week, the former head of the Alabama Baptist State Convention and the president of Alabama Eagle Forum pressed the Alabama Supreme Court to declare that the Obergefell decision on marriage equality will not take effect in Alabama.
Southern Baptist leader Dr. John H. Killian and Eagle Forum’s Eunie Smith demanded that the state body take up a case filed by Liberty Counsel, the same group representing Kentucky clerk Kim Davis, asking the court to “disregard the Obergefell opinion which four members of the United States Supreme Court said was completely unconstitutional.” They also urged the court to hear from two probate judges who, like Davis, refuse to issue marriage licenses.
“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,” the pair write. “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.”
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?"
