Doctors and Churches Ask Alabama Supreme Court to Resist Marriage Opinion

Montgomery, AL- Two organizations, one involving pediatricians and the other involving churches, became the latest groups to ask the Alabama Supreme Court to resist the U.S. Supreme Court's lawless marriage opinion and to protect Alabama churches, families, and children.

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"It is in the best interest of children and this State to preserve the fundamental and immutable nature of marriage between one man and one woman," the American College of Pediatricians told the Alabama Supreme Court in an amicus brief filed on November 6, 2015. "If accepted, Obergefell's policy implementation will deliberately and intentionally deny children the father or the mother so essential to their well-being," added the national association of pediatricians and healthcare professionals, which is dedicated to the health and well-being of children. "This Court should also be reminded that the Constitution of the United States is the "supreme law of the land" and is never trumped by an opinion that ignores the text, structure, and delegated jurisdictions of that document," the doctors concluded. Adding itself to the growing chorus calling for the Alabama Supreme Court to act was the Charismatic Episcopal Church for Life. In its November 11, 2015, amicus brief, the Church said that "[t]he members of this Court have sworn an oath of office to uphold the law, defined as 'this Constitution, and the Law of the United States which shall be made in Pursuance thereof...'" The Church reasoned that "[u]nless the Obergefell opinion is issued 'in pursuance of' the United States Constitution, then it is not binding on this Court." The Church then methodically shows that the Constitution had nothing to do with the Obergefell majority's opinion, as Chief Justice John Roberts has himself acknowledged. "There is a growing number of voices calling for resistance to the lawless marriage opinion. Supreme Court Justices swear an oath to uphold the Constitution, not invent a new one. When they put their personal opinions in writing without one shred of constitutional support, the people have a right to question their authority. Supreme Court Justices do not have unlimited authority. The Alabama Supreme Court Justices have also sworn an oath to uphold the Constitution, and they should act in accordance with the law, not the opinion of five unelected lawyers," said Mat Staver, Founder and Chairman of Liberty Counsel. Liberty Counsel does not represent these two organizations, but represents the Alabama Policy Institute, the Alabama Citizens Action Program, and their Alabama members in related proceedings before the Alabama Supreme Court.