Friday, October 9, 2015

Alabama probate judge goes batshit

Judge John Enslen
This is from a Liberty Counsel press release regarding Alabama Probate Judge John Enslen:
Judge Enslen pointed out, "Despite the June 26, 2015, ruling by the Supreme Court of the United States in Obergefell v. Hodges, the issuance of same-sex marriage licenses in Alabama... remains illegal and unconstitutional in the State of Alabama." "Born solely from a strained interpretation of the U.S. Constitution, the new same-sex marriage license is a child of the federal government, not the State of Alabama." Judge Enslen argued that Alabama could constitutionally recognize same-sex marriages from states whose legislatures had recognized such purported unions, or a license created under the authority of the United States by Congress, but there is no constitutional provision forcing Alabama to act and issue same-sex licenses, merely because the five-justice majority in Obergefell issued its opinion.
There must be something in the water in Alabama that causes people who should know better to make spectacularly stupid statements. At the risk of being repetitive:

Cooper v. Aaron holds that the states are bound by the decisions of the Supreme Court and cannot choose to ignore rulings that they do not like. Cooper addresses the same idiotic argument made after Brown v. Board of Education (eventually) desegregated the schools. The Court held that Brown was the law of the land because the Supremacy Clause of Article VI made the US Constitution the supreme law of the land and Marbury v. Madison made the Supreme Court the final interpreter of the Constitution.

Oh well. I get to send another fun email.

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