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“Alabama probate judges have no discretion to violate the law of Alabama, the Constitution of Alabama, and the clearly expressed will of the People of Alabama,” Liberty Counsel said in a reply brief to the Alabama Supreme Court yesterday.  Since U.S. District Court Judge Callie Granade ruled against Alabama’s marriage laws last month, activist judges across Alabama who were not parties to the case nor under her jurisdiction have begun issuing same-sex marriage certificates, despite an Administrative Order from Alabama Chief Justice Moore demanding otherwise. Liberty Counsel issued a manadamus petition asking the Alabama Supreme Court to end the lawlessness.

The activist judges do not have the “discretion to follow the non-binding hypotheses of that court any more than they could follow the courts of Hawaii, Massachusetts or Timbuktu,” Liberty Counsel told the court.

We are in a Constitutional crisis in America. Government officials from probate judges to the President of the United States are ignoring the rule of law and arrogantly creating their own laws. Legislators make laws, not judges, not Presidents. Americans fought the Revolutionary War to win the right of a representative form of governance, we cannot give it up now amidst this battle over same-sex marriage.

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