Bentley provoked the ire of some of his fellow conservatives when he said he wouldn't stop state probate judges from issuing marriage licenses to gay and lesbian couples, putting him in direct conflict with Moore.
McKee told his congregation that he had had a long talk with Bentley urging him to defy the courts on marriage, implying that same-sex marriage could lead to the collapse of the United States.
“Here’s what I said to our governor yesterday,” McKee said. “'Governor, I don’t care if all 49 other states go for this same-sex marriage business, let’s be different in the state of Alabama. Let’s do what we know is the right thing to do … The reality is, we’re still living in a very conservative state. The people who are conservative and who are Christian, if you’ll just step up and lead out on this thing, if you’ll give the word to our chief justice to call all our probate judges…and say, "listen, don’t you issue one single license until the federal government does its thing and we decide whether we’re going to follow it or not, don’t you issue one of those." I’m telling you, the people of this state would rally behind that.'”
He added that he would be willing to go to jail in protest of same-sex marriage, because “there’s nothing gray about this issue. Not if you’re going to go by what God says, and God has made it very clear that marriage is between one man and one women, period. That settles it. That’s it.”
Later in the service, McKee prayed for elected officials to defy laws that go against God’s law:
“Lord we want to pray for those who are in places of leadership in our county, Lord, in our city, Lord, in our state. Lord, for those who are Christians, if it comes to the point of defying a law or an order that goes against your law and order, then God give them the courage to do it.”
Alabama Chief Justice Roy Moore doesn’t seem to quite understand the LGBT community that he is so set against, telling the Associated Press this weekend that if the Supreme Court rules in favor of marriage equality, bisexual and “transgendered” people will then demand to marry two people each. “Can they marry two persons, one of the same sex and one of the opposite sex? Then, you've got a family of four or how many?" he asked:
Moore argues that no federal court, even the U.S. Supreme Court, has the right to define marriage.
"You're taking any definition of a family away. When two bisexuals or two transgendered marry, how large is that family? Can they marry two persons, one of the same sex and one of the opposite sex? Then, you've got a family of four or how many?"
Moore also resisted comparisons of his standoff with the federal courts over marriage equality to former Gov. George Wallace’s stand against desegregation, saying that one major difference is that Wallace eventually backed down, and he won’t:
Moore's actions have drawn inevitable comparisons to former Gov. George Wallace's 1963 largely symbolic "stand in the schoolhouse door" aimed at preventing desegregation at the University of Alabama, nine years after education segregation was ruled illegal.
Moore said there is another difference.
"George Wallace moved," he said, noting how the former governor eventually stepped aside.
"I can't move from my position because I'm bound to uphold the Constitution," Moore said.
Matt Barber joined Steve Deace on his radio program yesterday to discuss the actions of Alabama Chief Justice Roy Moore, who’s urging judges in his state to defy a federal judge and refuse to issue marriage licenses to gay and lesbian couples.
Barber told Deace that whether or not the United States Supreme Court has “the authority to redefine the institution of marriage, which cannot be done, it’s contrary to reality to say that it’s anything other than the male and female,” Moore is on “solid legal ground” in claiming that the Alabama Supreme Court takes precedence over the federal district court that issued the marriage ruling.
Deace asked Barber why the conservative movement was less willing to defy the federal courts during Judge Moore’s 2003 standoff over placing a Ten Commandments monument in his courthouse or after Roe v. Wade, “when the court said, ‘We’re going to start just massacring, dismembering little innocent babies.’”
Barber agreed that states should have simply ignored the court’s ruling in Roe: “Why, back when the courts issued their ridiculous, non-scientific ruling in Roe v. Wade, why didn’t states like Texas and other states say, ‘Okay, well thank you for your opinion, but nope, here in the state of Texas, you kill an unborn child, you’ve committed murder, we’re going to throw you in jail for it’?”
Later in the interview, Deace repeated his prediction that a sweeping marriage ruling would ignite an even greater culture war battle than Roe did.
Barber agreed, saying the “goal all along” of the “sin-based, sodomy-based marriage” movement has been to persecute Christians.
“Religious liberty and so-called gay marriage cannot coexist in harmony,” he said. “If the Supreme Court goes Roe v. Wade on this decision and divines a new-fangled right to sin-based, sodomy-based marriage, Christians will be being persecuted across the country. They will be told, ‘You either put your stamp of approval on sin or you will be pushed to the fringes and marginalized and you will not be able to carry a job or function in society.’ That’s been their goal all along anyway.”
Back in 2003, Alabama Chief Justice Roy Moore became a hero in the eyes of many Religious Right activists when he defied a court ruling to remove a Ten Commandments monument that he installed in Alabama Supreme Court building's rotunda. After defying a federal court's ruling to move the monument out of the courthouse, Moore was eventually removed from his position by the state's court of the judiciary, only to return to his old post nearly 10 years later after winning the 2012 election.
Now, Moore is back in the national spotlight thanks to his demand that state judges refuse to abide by a federal court ruling striking down the state's ban on same-sex marriage. And, once again, right-wing activists are rallying to Moore’s defense, endorsing his claim that state sovereignty and his personal reading of the Bible trump the authority of the federal courts.
Leading anti-gay groups including the National Organization for Marriage and the Family Research Council have defended Moore, portraying his standoff with the federal judiciary as the latest example in their increasingly absurd victimization narrative. As they see it, Moore is facing unfair treatment because of his deeply-held religious beliefs and is taking a courageous stance against judicial overreach... and Satan.
Here are five of the ways that right-wing activists are defending Moore's anti-gay campaign:
5) Roy Moore IsJust Like Martin Luther King, Jr.
American Family Radio’s Bryan Fischer is upset that some critics have compared Moore to the Southern leaders who openly defied federal laws and court orders during the civil rights era. Fischer, for his part, thinks that Moore is more like civil rights leader Martin Luther King, Jr.
The federal judge in the marriage case, according to Fischer, is the one "standing in the doorway" like Alabama Gov. George Wallace and following in the footsteps of Jim Crow supporters.
4) Roy Moore IsJust Like The Apostle Paul
After interviewing Moore on her radio program, American Family Association governmental affairs director Sandy Rios said that "Justice Moore in Alabama is standing on solid ground" while "the other justices around the country and attorneys general who have rushed to accommodate these federal judges have been out of line in doing that."
Rios added that "if the law contradicts something God has said in scripture" then people should "disobey the law."
"You may, like Justice Moore, lose your job, you may, like [the Apostle] Paul, lose your life," she said. "Some people may not like the way Justice Moore has done this but I admire any man who follows God, who is willing to give up things very precious to him in order to take a stand."
3) Roy Moore IsStopping Satan In His Tracks
Cindy Jacobs, a self-proclaimed prophet, said God told her that Alabama will become a beacon of light to the nation that will stop Satan's control over the judiciary.
Jacobs proclaimed: "God says, 'There will be an anointing come out of Alabama that is going to reserve the judicial activism that has been in this nation,' says God. 'I am going to give weight to your voice, I am going to give strength to your voice, I say Alabama will be a first fruit state that will be a bastion that will begin to undo the agendas to take the values of Jesus Christ out of this nation,' God says. 'And I'm going to use Alabama to reverse what Satan has done and it will tip the nation.'"
2) Roy Moore Is Stopping Non-Existent Hate Speech Laws
The right-wing legal group Liberty Counsel has praised Moore and pledged to "aggressively defend" any Alabama judge who follows his orders to refuse marriage licenses to same-sex couples. These judges, Liberty Counsel chairman Mat Staver wrote in an email to supporters, are facing "an all-out assault from radical homosexual organizations, which are threatening and demonizing these law-abiding judges.”
Although Staver told supporters last week that Liberty Counsel had “filed suit to have same-sex 'marriages' [in Alabama] cease until the United States Supreme Court rules on the issue early this summer," he told a conservative radio network just a day earlier that he thinks the state "does not have to obey" any Supreme Court decision that favors marriage equality.
Staver even claimed that Moore is preventing Alabama from following in the footsteps of states where "Christians and people of faith and values have been silenced through ‘hate speech’ laws."
Of course, laws prohibiting hate speech are unconstitutional and do not exist anywhere in America.
1) Roy Moore Stopping God's Wrath
The Alabama Republican Party is thrilled that Moore is flouting federal courts. Its chairman, Bill Armistead, wrote on the state party website that Moore's actions may fend off divine wrath:
So, how is it that God’s truth can be turned on its head as the debate now rages in Alabama regarding the meaning of marriage? The answer is that we, as a society, have become our own god. We have made God in our image. But, God will not be mocked. The State of Alabama and the United States of America will reap God’s wrath if we embrace and condone things that are abhorrent to God, such as redefining marriage as anything other than a union between one man and one woman.
Peroutka was even less guarded about his Confederate sympathies in a 2004 speech to a League of the South event in Montgomery, Alabama, which the group posted online in 2012. At the time, Peroutka was running for president on the Constitution Party ticket, a spot that Moore had been offered but passed up.
In the speech, Peroutka tried to appeal to the neo-Confederate group by reminding them that his home state of Maryland “was below the Mason-Dixon line." Referring to the 1861 arrest of pro-Confederate members of the Maryland legislature, he added, "And we would have seceded if they hadn’t locked up 51 members of our legislature. And by the way, I’m still angry about that."
Peroutka went on to boast to the group that his children were carrying on his views, his daughter by refusing to play “The Battle Hymn of the Republic” in her school band and his son by referring to the Confederate battle flag as “the American flag.”
Bryan Fischer is outraged that a federal judge may order the dozens of Alabama probate who are refusing to grant marriage licenses to same-sex couples to back down. On his American Family Radio Program today, Fischer said that such an order would be tantamount to “tyranny” and “slavery” enforced by the “gay gestapo.”
“There’s a court hearing today before the federal judge, and she may order these probate judges to violate their own conscience and their own religious scruples,” he said. “She may order them to violate their conscience. You know what that is, ladies and gentlemen? You are ordered by an agent of the government to violate your conscience? That is tyranny.”
“When you are ordered by an agent of the government to violate your own conscience in something that you do, that is slavery. If you are forced to violate your conscience to do work, that is tyranny, that’s Tammy Bruce, that’s the gay gestapo. Tammy Bruce is the one that coined the term ‘gay gestapo.’ That’s the gay gestapo at work. You either do what we tell you or you’re going to get punished.”
Alabama Supreme Court Chief Justice Roy Moore threw his state into turmoil this week when he ordered probate judges to defy a federal judge’s ruling striking down the state’s ban on same-sex marriage and refuse to issue marriage licenses to gay and lesbian couples. Moore, who has a history of making extreme anti-gay statements, insists that the federal judge is the one who is really breaking the law since she violateddivinelaw by ruling for marriage equality.
Moore’s call for statewide defiance of the federal judiciary’s “tyranny” stems from a belief that the Constitution was made to protect biblical commandments, so that anything that goes against his personal interpretation of the Bible is therefore in violation of the Constitution.
Moore shares that belief with a powerful ally: Michael Peroutka, a neo-Confederate activist who is also one of the most influential behind-the-scenes figures in the Religious Right’s reimagining of American law.
Peroutka, who once held a leadership position in the neo-Confederate League of the South and remained a member of the group until it hampered his run for a local office in Maryland last year, promotes this theocratic view of the law through his group the Institute on the Constitution. Speaking at an event at the Institute in 2011, Moore gushed that Peroutka would help lead America to a “glorious triumph” over the federal government’s “tyranny.”
After Moore was removed from his original position on Alabama’s high court in 2003 for defying a federal court order to remove a monument of the Ten Commandments from the state judicial building, Peroutka paid for the ousted judge to go on a national speaking tour to build support for his cause. He also funded a group that held rallies in support of Moore.
Over nine years, Peroutka contributed over a quarter of a million dollars to two groups founded by Moore, the Foundation for Moral Law (which is now run by Moore’s wife Kayla) and the now-defunct Coalition to Restore America.
In 2004, the far-right Constitution Party tried to recruit Moore to run for president on its ticket. When he declined, Peroutka stepped in to run in his place.
This neo-Confederate leader helped to lay the ideological groundwork for Moore’s current standoff with the federal courts, a standoff which many commentators have compared to Alabama Gov. George Wallace’s decision to defy federal law on desegregation.
Peroutka said last year that such rulings would “coerce” state officials to “declare that which is sinful and immoral” to be “valid and right,” even forcing them to “participate in it.” Such “evil” decisions, according to Peroutka, must be “resisted at every level of government, even the lower levels of government, most especially the lower levels of government,” since local governments are the true “protectors against those who would force these things on us tyrannically from above.”
For example, after a federal judge struck down Kentucky’s ban on same-sex marriage last year, Peroutka insisted that Sen. Rand Paul move to impeach the judge who made the decision, defund the court, and press for his state to defy the ruling: “He should use every influence he has in Kentucky to have people not obey this; the Kentucky legislature, the Kentucky courts, should not obey this, this is not lawful.”
Peroutka also believes that local officials should defy their state legislatures on issues like marriage equality. After Maryland’s general assembly voted in 2012 to legalize same-sex marriage in the state, Peroutka declared that the assembly’s decision to “violate God’s laws” effectively invalidated its legal authority, since any law that contradicts divine law does “not constitute a law – even if it were enacted and signed.”
Using an argument similar to the one Moore is now making in Alabama, Peroutka said that lower-level officials could ignore not only the marriage equality law but any law passed by the state’s general assembly, since it had invalidated itself by breaking biblical decrees: “Is it possible that those who are sworn to uphold the law, such as police and sheriffs and judges and prosecutors, may soon come to the conclusion that the enactments of this body should be ignored because they are based not in law, but in lawlessness?”
In Peroutka’s view, anything that breaks the “organic law,” or biblical law, is automatically unconstitutional.
Peroutka believes that America needs to “go back to what God called marriage, not what the state has perverted the definition to be, but what God called marriage.” Since biblical law doesn’t permit same-sex marriage in his view, then civil law can’t either: “There is no way we are ever going to validate homo- or sodomite-‘unmarriage’ because God defined marriage as between a man and a woman once and forever.”
“I always go back to these two standards: What does God say and what does the Constitution say?” Peroutka explained in 2013.
He added that the United States will have a small, limited government as long as it adheres to biblical standards. But he believes that the Union’s victory in the Civil War — or as he calls it, “The War Between the States” — enabled the federal government to greatly expand its powers, thus undermining the authority of biblical law and leading to such evils as same-sex marriage.
“Ever since then, there’s been this huge black hole of centralized power that’s formed in Washington, D.C.” he said. “People sometimes talk about ‘The War Between the States’ as being about the issue of slavery. I believe that history is written by the winners, it wasn’t about that at all. What it was about was consolidating power into the hands of a few people.”
“[T]he real effect of the war and the Reconstruction after the war was to take the very foundation of our understanding of our rights away from us, that is to say that they come from God, and put them in the hands of men and say that they come from the Supreme Court or they come from the legislature or they come from the executive,” he added.
The end of the Civil War, Peroutka claims, produced an “evil anti-God, anti-Christian revolution” that led to a “tyrannical consolidation of power” in Washington, D.C., undermining the “biblical worldview that acknowledges Christ’s authority over all things.”
Peroutka also contends that the gay rights movement isn’t just “federalizing homosexuality” but “federalizing perversion,” even claiming that the federal government violated the Constitution by imposing civil rights laws on the states.
“[T]he so-called civil rights laws are not law,” he said in 2013. “They never should’ve been passed. They’re not law now, they weren’t law then. They aren’t law now because there is no such thing as a civil right.”
Since Peroutka believes “rights come from God” and not civil government, he argues that all civil rights laws are illegitimate since “the term ‘civil rights’ is kind of an oxymoron. There’s no ‘right’ in the sense of a permanent, fixed, thing that you have, that can be defended, if in fact it comes from the civil government.”
Now Moore is once again putting Peroutka’s words into action, threatening state judges who lawfully issue a marriage licenses to a same-sex couples. Because in the eyes of Moore and Peroutka, their personal reading of the Bible takes precedence over the law of the land.
Across Alabama, local judges are openly defying a federal judicial order to grant marriage licenses to same-sex couples. The New York Times reported yesterday that 44 of the state's 67 counties were not granting licenses. The state is a checkerboard, where gay and lesbian Alabamans are locked out of full citizenship across vast swaths of the state based on the whims of local officials.
As many observers have pointed out, this week's events make Americans recall the state's historic resistance to federal court orders striking down segregation. But they show us an image of the future, as well ... or at least the future as the Far Right would have it.
Emboldened by the Supreme Court's distortion of religious liberty in the Hobby Lobby case, some state legislatures are considering bills that would allow government officials to decline to perform marriages that offend them religiously. A number of states are also considering legislation to let people exempt themselves from anti-discrimination and other laws if compliance would offend them religiously. While misleadingly framed as protecting religious liberty, these bills are really intended to allow discrimination and to let conservatives impose their religious beliefs on others.
So what would America look like if we allowed such massive holes to be poked in laws that are supposed to protect everyone? What if lesbian and gay couples were legally treated as outsiders in their home communities, had fewer legal rights than anyone else in those communities, and had to travel anywhere from another neighborhood to another county to find a bakery willing to make a cake for them, a hotel willing to rent them a room for the night, or an employer willing to grant them spousal employment benefits? What if a woman's ability to find adequate healthcare depended on finding an employer and a pharmacist with compatible religious beliefs? What if people's basic rights varied depending on where they were, and upon the prevailing religious beliefs of people in the area? What would such a religiously balkanized nation look like?
It would look a lot like Alabama does today. And it would be ugly.
For decades, the Far Right has fought tooth and nail to impose their religious beliefs through government fiat. They have fought to prevent gays from marrying, to prevent women from exercising reproductive choice, to have public schools indoctrinate other people's children with their own religious beliefs, ... the list goes on. And when they fail at changing the laws to match their religion, they seek exemptions from those laws in the name of "religious liberty."
Family Research Council President Tony Perkins spent a good portion of his “Washington Watch” radio program on Monday praising Alabama Supreme Court Chief Justice Roy Moore and the state probate judges who are refusing to follow a federal court order legalizing same-sex marriage in the state.
Perkins said that he, too, is “not going to listen to these courts that are wrong” when they make a ruling that is “inconsistent with nature itself, certainly inconsistent with scripture.”
The federal courts, he added, “are setting themselves up to lose credibility and put, I believe, our country into a tailspin.”
What is the rule of law? In a free society, a democratic society, the rule of law is generated, over all, [by the] Constitution and general consensus. We agree. And when you go too far out, which this administration has and these courts are, it doesn’t work. An unjust law is no law at all.
And they are setting themselves up to lose credibility and put, I believe, our country into a tailspin. Because I’m not going to listen to these courts that are wrong, when they have taken away the rights of the people and just imposed upon this nation a viewpoint that is not shared by a majority of the people. Even if it was, it’s inconsistent with nature itself, certainly inconsistent with scripture.
On his radio program today, Bryan Fischer hailed Alabama Chief Justice Roy Moore as a modern-day Martin Luther King, Jr. for his order to state probate judges not to issue marriage licenses to same-sex couples after a federal judge struck down the state's gay marriage ban.
Fischer laughably asserted that it is the federal judge, not Moore, "who is standing in the courthouse doorway ... in defiance of both the law and the Constitution," before praising Moore and the probate judges who are refusing to grant marriage licenses to gay couples as the heirs of MLK.
"What Judge Moore and these probate judges are doing is in the finest tradition of Martin Luther King, Jr.," he said. "They are waging the civil rights battle of this decade, using nonviolent protest to do it":
“This is ground zero in the battle for what God has defined as marriage,” the piece continued. “What He has said about homosexuality. How do you want to leave your country? Will your children, grandchildren ask why did you not fight for what is (was) right?”
The post has since been removed, but we’ve captured it here:
Moore also posted a statement from his wife, Kayla, who leads the Foundation for Moral Law, a legal group founded by Moore. Kayla Moore’s statement cites Leviticus to condemn homosexuality as an abomination and slam the federal court’s ruling.
“Founded by Chief Justice Roy Moore, The Foundation for Moral Law's goal is to be the sword of the spirit for Christians all over who don't want to see Alabama or America become the next Sodom and Gomorrah,” she said. “We will continue our battle against evil, and judicial immorality.”
She called on gay people and their allies to turn away from their “sexual lust” and turn to God: “Today the sacred institution of marriage is being destroyed by the LGBT community and liberal politicians who ‘want change’ as did our President; and they make their rulings based on their emotions and not law. Every human being wants to find meaning in their life, some find it in religion, some find it in material things, certain people find it in sexual lust; however, all they need is Jesus Christ. We as Christians do not condemn homosexuals; instead we point them toward eternal life through Christ Jesus.”
“These are the days of Elijah! There has never been a greater time for the kingdom of God to unite. Recall the story of Elijah, particularly as he stood up to the prophets of Baal,” she said, adding that God is “calling on all of the body of Christ to make a stand against the malignant spirit that envelops our court rooms and society.”
In essence, Judge Granade's ruling in favor of same-sex marriage, is not only in direct violation of the Alabama Constitution, but it also violates "God's Natural Law", as well as the right of the people who voted to ban same-sex marriage in 2006 and won by an overwhelming 81%. In Leviticus, Moses instructs the children of Israel on what God told him, "If a man lies with a male as he does a woman, both of them have committed an abomination. They shall surely be put to death. Their blood shall be upon them" (Lev. 20:13). And in the New Testament Paul warns that same-sex activity is the result of rebellion against God and leads to destruction (Romans 1:26-27). Jesus died for our sins, but He still calls sin what it is. He did not condemn the woman taken in adultery, but He told her, "Go, and sin no more." (John 8:11).
Today the sacred institution of marriage is being destroyed by the LGBT community and liberal politicians who "want change" as did our President; and they make their rulings based on their emotions and not law. Every human being wants to find meaning in their life, some find it in religion, some find it in material things, certain people find it in sexual lust; however, all they need is Jesus Christ. We as Christians do not condemn homosexuals; instead we point them toward eternal life through Christ Jesus. However, we are only a small portion on the kingdom of God; Pastors, Deacons, Youth, and Ministers, These are the days of Elijah! There has never been a greater time for the kingdom of God to unite. Recall the story of Elijah, particularly as he stood up to the prophets of Baal. Elijah's story is in the book of Kings. As you read you see how isolated and alone he felt in the culture in which he lived. Instead of conforming to the ungodly ways of his people God told Elijah to stand up and speak for him and he did.
In such times that we live in we might ask ourselves "is God in control?" Well I assure you, God is very much in control, and these days are special times when God is watching and waiting for his people to fight and stand up and speak for Him. Now we are under grace and not under the law, but the righteousness that comes by faith can be no less than the moral law that comes directly from God. These are not the days of God stepping back and allowing our state and society to submit to the rule of the wicked. Rather, these are the days He is calling on all of the body of Christ to make a stand against the malignant spirit that envelops our court rooms and society. The body of Christ, the church, is the grass roots of the Foundation for Moral Law. The sole purpose of our nonprofit organization is to uphold the Constitution and promote the moral and biblical principles to our government.
Founded by Chief Justice Roy Moore, The Foundation for Moral Law's goal is to be the sword of the spirit for Christians all over who don't want to see Alabama or America become the next Sodom and Gomorrah. The Foundation has always stood alongside God's People. We promote the biblical and moral principles that this country was founded upon. We will continue our battle against evil, and judicial immorality.
NOM President Brian Brown, whose international petition site CitizenGo was already on record supporting Moore, wrote to NOM supporters on Friday that the many federal court rulings in favor of marriage equality in the wake of the Windsor decision represent not just “bullying” but “tyranny.”
“[T]his is the kind of principled stand we need more of our public officials to take—and we need to take such a stand ourselves, too,” he wrote.
We need to stand up to this kind of bullying whenever we encounter it, but especially when it comes dressed up in the robes of the state authority. Indeed, then we shouldn't call it merely bullying at all, but assign it the true name it deserves: tyranny.
Tyranny is precisely the word, for example, to describe the rash of judicial rulings that has swept across the country since the Windsor decision in summer of 2013 that overturned part of the Defense of Marriage Act. And that's not just my opinion: it's also the opinion of the Chief Justice of the Supreme Court of Alabama, the Honorable Roy Moore.
Justice Moore sent a letter to Alabama's Governor, Robert Bentley, this week urging him to "continue to uphold and support the Alabama Constitution with respect to marriage, both for the welfare of [the state of Alabama] and for our posterity."
Moore's letter came in the wake of a ruling by a federal judge in Alabama that claimed the state's "Sanctity of Marriage Amendment" is supposedly unconstitutional. The amendment was approved by 81% of voters in just 2006, winning every county in the State. The judge's decision is currently stayed pending review by higher courts.
Moore encouraged Governor Bentley: "Be advised that I stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority" [emphasis added].
Marriage Supporter, this is the kind of principled stand we need more of our public officials to take—and we need to take such a stand ourselves, too.
In the same email, Brown touted his work pushing anti-LGBT laws overseas, lamenting that “the biggest threats to marriage are unfortunately coming from the West” and accusing Obama and LGBT rights activists of attempting “to export a radical view of marriage to the rest of the world.”
And as we work, let's remember that we're not alone in this fight! Lately, I have had a few opportunities to meet with marriage leaders throughout the globe, such as at the recent Vatican Colloquium on the Complementarity of Man and Woman. The experiences of these countries make it clear that we have a global fight to preserve marriage, and that the biggest threats to marriage are unfortunately coming from the West — led by the United States (and the lawless actions of President Obama) but also including some countries in western Europe.
It's nothing short of a new western imperialism for the Obama administration and his allies among gay and lesbian activists to attempt to export a radical view of marriage to the rest of the world. (Indeed, Pope Francis, on his recent trip to the Philippines, called it a kind of "ideological colonization.") There's something ironic in all this, seeing how President Obama's foreign policy strategy (to the extent he has one) is supposedly predicated on the idea that America must work in concert with the international community. You'd think that advice would apply to Obama's attempt to redefine marriage, as well, since the overwhelming majority of countries around the globe have rejected same-sex ‘marriage'...
And that leads me to a positive bit of news to share in closing this week: if you haven't already heard, the national parliament of Macedonia recently voted overwhelmingly (72-4) to create constitutional provisions limiting marriage to the union of one man and one woman. And the people of Slovakia are very likely to do the same in a national referendum in little over a week's time!
In an interview Friday with the American Family Association’s Sandy Rios, Alabama Supreme Court Chief Justice Roy Moore defended a letter he sent to Gov. Robert Bentley urging him to ignore a federal court ruling striking down the state’s ban on same-sex marriage, saying that he was just like abolitionists and desegregationists standing up against the “rejection of God’s law by the federal judiciary.”
Moore told Rios that the case is similar to his famous defiance of a federal court order to remove a monument of the 10 Commandments from a court building because the 10 Commandments spat “symbolized the rejection of God’s law by the federal judiciary” and “now we see the institution of marriage that God ordained under sustained attack from federal judges":
Later in the interview, Rios asked Moore what he would say to Christians who are upset that he’s breaking the law by defying the federal courts.
“This is not against the law, this is for the law,” he said.
Moore, who in 2004 helped lead a campaign to preserve segregationist language in Alabama’s constitution, compared his stand against marriage equality to a defiance of federal courts on slavery or segregation. He added that he also puts abortion rights in that category, because “everybody recognizes Roe v. Wade is not in accordance with the Constitution”:
I think we’ve got to look back. Courts are not always perfect, Sandy. The United States Supreme Court is not always perfect. What would you have done in 1857 when they came out and said slaves were property. If you were a judge, would you have followed that opinion? Or in 1896, I think it is, in Plessy v. Ferguson, when they said that separate but equal was the policy that we had to adhere to, would you have followed it?
We’ve got to realize that courts, whether they’re federal, state, Supreme Court are not always perfect. And sometimes their rulings will contradict the Constitution, as did the United States Supreme Court opinion in Dred Scott, as it did in Plessy v. Ferguson, as it did in Roe v. Wade. Everybody recognizes Roe v. Wade is not in accordance with the Constitution, but you know, there it is as law. So I submit to you that we’ve got to look at these things very carefully.
One of those rejoicing is Janet Mefferd, who on her radio program today called Judge Moore’s stand against the federal court a “wonderful thing to see” and invited Wisconsin pastor Matt Trewhella on to her program to discuss it.
Trewhella has written a book on what he calls the "doctrine of the lesser magistrates," the idea that lower courts and elected officials can defy civil laws that they think defy divine law, and Mefferd told him that she “cracked up” at progressives calling Moore’s position “lawless” because “who has exhibited more lawlessness on the issue of marriage than the left and the pro-homosexual crowd?”
Trewhella agreed: “Absolutely, they’re the ones who are the anarchists here. What Roy Moore is trying to do, and hopefully Gov. Bentley here, is to restore order.”
“This whole idea of judicial supremecy, this whole idea that everyone has to listen to the federal judiciary is absurd, and they’re the ones who don’t have history or law behind them,” he said.
Later in the program, Mefferd falsely claimed that President Obama had refused to enforce the Defense of Marriage Act, prompting Trewhella to repeat that supporters of LGBT rights “are the anarchists” while “people like Judge Moore and Gov. Bentley, they’re the ones that are doing right, they’re the ones actually trying to restore order from the disorder that lawless men have created.”
He went on to explain that marriage equality is “an attack upon Christ” and the next step in a government plot to destroy the family “by imposing licentiousness through law,” starting with the decriminalization of adultery and no-fault divorce laws.
“This isn’t just happening by chance, this is by design,” he said. “We have a federal government that is giving the most base men amongst us the force of law behind their filthy practices.”
As it happens, just this month, Trewhella was invited to share his views in a sermon to the Montana state legislature, which the Christian News Network reports was well received by many in his audience:
“The cold-blooded murder of the preborn, the imposition of homosexual marriage upon our states, no-fault divorce, the decriminalization of adultery, the phalanx of laws created by the State to invade our domestic affairs, disarm the people, seize our property, and harass our persons—all point to the growing tyranny in America,” he declared.
Trewhella then pointed to numerous biblical examples of interposition where the people of God refused to commit evil and chose to obey God rather than men—from the midwives who refused to kill the firstborn male children in Egypt contrary to Pharaoh’s command to Daniel’s refusal to obey a decree issued by King Darius that prohibited him from praying to God.
“Understand, God is the ultimate authority. The Bible says plainly, ‘The Most High rules over the realm of mankind,'” Trewhella preached to the more than 30 lawmakers gathered. “He created us, and thus knows best how we are to be governed. God is the ultimate Law-Giver and Ruler.”
“As God’s minister’s you are to govern according to His rule,” he continued. “You are—as it says in [Romans 13]—to reward those who do good and punish those who do evil. You are not to make law or policy which contradicts His moral law or His word.”
Trewhella said that the majority of the problems in America today stem from moral relativism out of its abandonment of God.
“God’s moral law as the ‘higher law’ provides an objective standard whereby one is able to discern right from wrong, or good from evil. The ‘higher law’ exists independent of the authority of any government, and all governments of men are accountable to it,” he explained. “It is the tyrant state that abhors an objective standard. It does not want to be accountable. It flourishes in a subjective environment. And that is why you are watching Western Civilization crumble before your eyes.”
“May God help you do right by Him,” the pastor and author exhorted.
“I had many [legislators] come up to me and tell me, ‘This is something we need to look into more and learn more about,'” he explained. “When people are taught for the word of God regarding civil government, they are able to see the purpose, functions and limits of civil government,” he said, adding that when citizens remain ignorant of these matters “it makes it much easier for the state to do things beyond its biblical or constitutional limits or restraints.”
Following the presentation of the sermon on Sunday, Trewhella also taught at meetings throughout the week in various cities, including in Plains, Missoula, Butte and Bozeman. In addition to the attendance of local residents, several government officials were present at the meetings as well.
“It’s been really good what’s happened here,” Trewhella said.
In January of last year, Alabama Chief Justice Roy Moore denounced the decriminalization of sodomy and the separation of church in state in a speech to Pro-Life Mississippi and Pastors for Life in Jackson, Mississippi. Moore, who first received national attention when he lost his post for refusing to obey a court order to remove a Ten Commandments monument he erected in a courthouse rotunda, recently urged Alabama to flout a federal court’s decision finding that the state’s ban on same-sex marriage is unconstitutional.
Moore’s understanding of the Constitution is pretty well summed up by his belief that Christianity and the Bible should have privileged roles in U.S. government because “they didn’t bring a Quran over on the Pilgrim ship, the Mayflower.”
Upset that the military was allowing “two men getting married in a chapel,” Moore said that America is forgetting about God and only turning to public worship “when we get in trouble, when they bombed the Twin Towers.”
“They don’t acknowledge Buddha,” Moore said of elected officials. “Buddha didn’t create us, Mohammad didn’t create us.”
Moore, who once described homosexuality as a “criminal lifestyle,” also criticized the Supreme Court’s decision to strike down bans “sodomy” bans in Lawrence v. Texas.
He said that the “abominations” of gay rights and legal abortion are now putting America in direct confrontation with God.
Earlier this week, Alabama Supreme Court Chief Justice Roy Moore sent a letter to Alabama’s governor urging him to ignore a federal court ruling striking down the state’s ban on same-sex marriage because, he wrote, “the laws of our state have always recognized the Biblical admonition” against homosexuality.
Moore’s arguments may be legally questionable, but his stand against the federal courts seems to be catapulting him back into right-wing hero status that he hasn’t seen since he defied a court order to remove a monument of the Ten Commandments from his court’s rotunda.
Family Research Council President Tony Perkins praised Moore for standing up against marriage equality, which he warned is a threat “not just to our nation’s stability, but to its very survival":
Federal judges may have the last word on marriage -- but they won’t have the final one. That’s becoming abundantly clear in Alabama, the latest state to feel the sting of a runaway court invalidating the will of the people on marriage. In a letter to Governor Robert Bentley (R-Ala.), Chief Justice Roy Moore made that quite clear -- explaining that this isn’t an issue that the federal courts will resolve. Rather, he said, it “raises serious, legitimate concerns about the propriety of federal court jurisdiction over the Alabama Sanctity of Marriage Amendment.”
Unelected judges and a handful of lawyers have been pushing state marriage amendments over like sleeping cows. Meanwhile, stunned Americans have struggled to make sense of a legal system that puts its own political agenda ahead of the expressed will of the people. Like most conservatives, FRC has watched in horror as the courts have robbed tens of millions of Americans of their voice on an issue of critical importance -- not just to our nation’s stability, but to its very survival.
State justices can, as Justice Moore has done, defy unconstitutional federal rulings which have overturned marriage amendments. Governors, such as Gov. Bentley, can defy unconstitutional federal rulings by forbidding county clerks to issue marriage licenses which would be in violation of the state constitution. (First Amendment law firms such as the Alliance Defending Freedom have pledged to defend pro bono any clerks who refuse to issue same-sex licenses on grounds of conscience.)
Such actions would most emphatically not represent civil disobedience, but rather the best in civil obedience. An elected official can hardly be charged with rebellion when he is simply fulfilling the oath he took before God to uphold both the federal constitution and the constitution of his own state.
Meanwhile, CitizenGo, a petition hub run in part by National Organization for Marriage President Brian Brown, asked supporters to sign a petition commending Moore for "standing up against the federal tyranny that seeks to impose gay ‘marriage’ on the state of Alabama":
Chief Justice Roy Moore,
Thank you for standing up against the federal tyranny that seeks to impose gay "marriage" upon the state of Alabama. Your bold stand against the redefinition of marriage and the erosion of our nation's moral foundations is an inspiration.
I want you to know that I stand with you as you resist the federal government's unconstitutional demands regarding homosexual "marriage."
I encourage you to fulfill your duty as a lesser magistrate to uphold the Constitution of the United States and the great state of Alabama by resisting these unjust demands.
Meanwhile, the Foundation for Moral Law, the group that Moore led before returning to the Alabama Supreme Court and which is now run by his wife, hasn't reacted to Moore's letter. But the group did respond to the judge’s ruling by acknowledging that “Jesus loves” gay people but “homosexual conduct is still sin, and we must stand firm for what is right.”
“Alabamians approved the 2006 Sanctity of Marriage Amendment by 81% of the vote,” she said, “and the will of the people should not be lightly discarded in favor of an alleged right that is found nowhere in the Constitution.” She added that the Foundation bears no animus toward the plaintiffs in this case or in any other: “Jesus loves them, and He died for their sins as well as for mine. But homosexual conduct is still sin, and we must stand firm for what is right.”