Air Date: January 14, 2016
Host: Jim Schneider
Guest: Mat Staver
Back in June, 5 members of the U.S. Supreme Court ‘discovered’ that the Constitution of the United States grants the so-called right to same-sex marriage. This was done in spite of the fact that such a matter was repulsive to our nation’s founders. While many states have ignored their own state constitutions and bowed to the court in this matter, the chief justice of Alabama, Justice Roy Moore, is holding firm.
Joining Jim to discuss this issue was Mat Staver. Mat is the founder and chairman of Liberty Counsel, an international nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of life and the family. He has authored hundreds of articles, five scholarly law review publications, numerous brochures and booklets and 11 books, most of which focus on constitutional law. His two most recent books are: Eternal Vigilance: Knowing and Protecting Your Religious Freedom and Same-Sex Marriage: Putting Every Household at Risk.
This Crosstalk began with an update concerning Kentucky County Clerk Kim Davis who was in attendance at President Obama’s final State of the Union address.
Chief Justice Roy Moore of the Alabama Supreme Court issued an order last week 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. Does Moore have the authority to do this?
Mat says he does because as the chief justice, Moore is the overseer of all of the probate judges in the state. You may recall that this case began last year when a single federal judge said that Alabama’s marriage laws are unconstitutional. At that point some of the probate judges began issuing same-sex marriage licenses. Justice Moore issued an administrative order saying that Alabama’s laws were still binding. After that, Liberty Counsel filed suit directly with the Alabama Supreme Court. The Alabama Supreme Court then said probate judges are barred from issuing the licenses and they must comply with the Alabama law. The U.S. Supreme Court opinion came down after that on June 26th and now Justice Moore has reiterated that the law in his state defines marriage as one man and one woman.
Is this a ridiculous move on the part of Justice Moore to go against the U.S. Supreme Court in this way? Going back into history, Mat references a Wisconsin case from the Dred Scott days, Dr. Martin Luther King’s Letter from Birmingham Jail and the Buck vs. Bell case to show that there are times when some people believe that an unjust law is the law of the land and therefore we must move on. However, in light of our Constitution, these cases actually debunk that notion and in the end prove that marriage is between one man and one woman.
Mat also comments on the president’s executive orders, Syrian refugees, the transgender restroom issue and more.