Probate Judges Ask Alabama Supreme Court to Restore Federalism

Oct 9, 2015

This week Judge John Enslen became the second Alabama probate judge to ask the Alabama Supreme Court to take action to protect Alabama’s embattled probate judges who oppose the issuance of same-sex “marriage” licenses.

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 adds his voice to that of Judge Nick Williams. Last month Judge Williams filed a motionand memo with the Alabama Supreme Court, arguing “the Obergefell decision is wholly lacking in lawful Supreme Court authority,” because “the United States Constitution defines the powers of the federal government, and gives no branch of the federal government power to redefine marriage.

Conscientious objection based on deeply held religious beliefs is an unalienable human right that must be protected.

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