Alabama Chief Justice Defiant Over Same-Sex Rulings

Alabama Chief Justice Defiant Over Same-Sex Rulings
by JBS President John F. McManus

For many years, a monument depicting the Ten Commandments was prominently situated in Alabama’s main judicial building. In 2000, the state’s chief justice, Judge Roy Moore, balked at being told by federal officials that its presence in such a public place violated the U.S. Constitution and had to go. Moore fought that demand and lost. He was then removed from his post and the monument came down.

In 2006, with threats against the institution of marriage developing throughout the nation, Alabama’s voters overwhelmingly (more that 80 percent) chose to amend their state’s constitution in order to define marriage as a union between one man and one woman. Then in 2012, voters put Moore back into the post he previously held.

The truly popular chief justice is back in the news. Moore just sent a letter to Governor Robert Bentley urging defiance of “judicial tyranny.” He specifically asked the governor and other state officials to ignore a recent ruling by U.S. District Judge Callie Grenade stating that the definition of marriage in Alabama had to conform to recent federal rulings recognizing same-sex marriage. Moore stated in his letter to Bentley, “As you know, nothing in the United States Constitution grants the federal government the authority to redefine the institution of marriage.” He further pointed out that the people of Alabama had only recently amended the state’s constitution stating that marriage is a “sacred covenant, solemnized between a man and a woman.”

Moore’s letter even cited an 1825 opinion registered by Thomas Jefferson regarding nullification of unconstitutional federal mandates, a stand he will stand by. States, said Jefferson, could refuse to comply with unjust and unconstitutional federal dictates. Moore also pointed to the Tenth Amendment and its clear affirmation that “powers not delegated to the United States by the Constitution” remain with the states and the people – and no such delegation of power had ever been made. Governor Bentley issued a statement supporting Judge Moore’s call for defiance.

Defenders of traditional marriage may indeed salute Judge Moore. But the attack on the institution of marriage continues. Federal courts have already sanctioned same-sex marriage in 21 states and pressure from the homosexual lobby continues to grow. In no other state has Moore’s style of resistance been adopted. The U.S. Supreme Court is expected to issue a ruling on the matter this year. Judge Moore’s expression of defiance may well be tested again.


Mr. McManus joined the staff of The John Birch Society in August 1966 and has served various roles for the organization including Field Coordinator, Director of Public Affairs, and now President. He remains the Society’s chief media representative throughout the nation and has appeared on hundreds of radio and television programs. Mr. McManus is also Publisher of The New American magazine and author of a number of educational DVDs and books.


Stop Legalizing Same Sex Marriage!

Stop Legalizing Same Sex Marriage!
by JBS President John F. McManus

There are, of course, many who insist that conferring legitimacy on same-sex marriage is perfectly proper, even overdue. Permit this writer to label the idea absurd, even an attack on civilization itself.

If marriage between two men or two women is legal, even fostered by some in government, then the question ought to arise about how such a departure from previous norms became accepted. The answer is that there has been a turning away from traditional moors by the people, and the emergence of activist judges, even within the highest court in the land, who claim power to set their own rules for the conduct of fellow Americans, or who wink at the discarding of previous norms by their judicial partners.

One can only wonder what will be next. Will polygamy and polyandry be accepted? Will children be targeted? Will any sanctions against what has always been considered aberrant behavior be cast aside?

In just a few years, the nation has gone from a strict view of traditional marriage to open season on its actual meaning. With a large margin, Congress passed the Defense of Marriage Act (DOMA), but the Supreme Court voided it. State after state has bowed to pressure from the homosexual lobby and given a green light to what had previously been termed abominable. Then, in October 2014, the Supreme Court turned its back on marriage by refusing to stop lower court federal judges from canceling existing state laws against the procedure.

Which brings us to the question: Is there any recourse for those who value the traditional moors that have always characterized this nation and Western civilization itself? And the answer is that there are some steps that can be taken – but only if there are enough concerned Americans who demand that leaders take them.

First, there has to be a realization that members of the judicial branch have no authorization to make law. Those who do so should be labeled “judicial activists” and barred from meddling where they have no authorization.

Second, the Constitution’s Article III, Section 1 grants Congress power to abolish federal district courts (called “inferior Courts”) and to remove from office any judges who do not adhere to “good behavior.” Judicial activism is a prime example of bad behavior.

Third, The Constitution’s Article III, Section 2 grants Congress power to limit the court’s jurisdiction over whatever topics it chooses. Congress could have forbidden the federal courts from having anything to say about abortion. In like manner, Congress has the power to tell the Supreme Court and all federal courts that they have no say in marriage.

Will Congress use its constitutional powers to reverse the advances that threaten to overturn the moral base of the great experiment known as America? It’s up to U.S. citizens to push hard for members of the House and Senate to do exactly that.

In 1821, more than a decade after he had left office as President, Thomas Jefferson spoke out about usurpation of authority by the courts. He stated:

It has long, however, been my opinion … that the germ of dissolution of our federal government is in the constitution of the federal judiciary …working like gravity by day and by night, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall be usurped from the States, and the government of all shall be consolidated into one. To this I am opposed; because when all government shall be drawn to Washington as the center of all power, it will render powerless the checks provided … and will become as venal and oppressive as the government [of King George] from which we separated.

The Jeffersonian warning surely applies today.


Mr. McManus joined the staff of The John Birch Society in August 1966 and has served various roles for the organization including Field Coordinator, Director of Public Affairs, and now President. He remains the Society’s chief media representative throughout the nation and has appeared on hundreds of radio and television programs. Mr. McManus is also Publisher of The New American magazine and author of a number of educational DVDs and books.