Alabama nonprofit linked to Roy Moore asks Supreme Court to overturn 2015 gay marriage decision
The Foundation for Moral Law asks high court to reverse itself in amicus brief supporting Kentucky Clerk Kim Davis
An Alabama conservative nonprofit group that was once headed by former Alabama Supreme Court Justice Roy Moore has asked the U.S. Supreme Court to reverse its 2015 decision legalizing same-sex marriage.
The Foundation for Moral Law, which is now led by Moore’s wife, filed a brief in support of Kentucky Clerk Kim Davis — who rose to prominence after she refused to allow any marriages in Rowan County, Ky., due to her objections to issuing licenses for same-sex marriages.
A federal judge ruled in favor of the plaintiffs, ordering Davis’ office to issue licenses for all qualified couples, regardless of sexual orientation.
Davis went to jail for contempt of court after refusing to allow her deputies to issue licenses, taking issue with her name or the name of her office appearing on licenses.
Kentucky lawmakers later changed the law to remove the name and title of county clerks from marriage licenses, prompting the court to dismiss all legal actions related to the dispute.
But the couples denied licenses appealed the dismissal, seeking damages for past harm. Davis and her lawyers, objected, arguing that Davis was exempt from being sued, either in a professional or personal capacity.
The district court ruled that two of the plaintiffs could sue Davis in a personal capacity. Davis’ lawyers, from the conservative legal firm Liberty Counsel, appealed that ruling to the 6th Circuit, which agreed that two gay couples refused licenses by Davis can sue her personally for damages, although the state — and not Davis — must pay the legal fees incurred by the four couples who originally brought the suit.
Related: Gay couples can sue Kim Davis for denying them marriage licenses, federal court rules
Davis has since appealed the 6th Circuit’s decision to the U.S. Supreme Court, arguing that the Supreme Court’s 2015 decision legalizing same-sex marriage did not answer the question of whether she should be allowed to recuse herself from issuing licenses due to her religious beliefs opposing same-sex marriage. She also argued that the couples in question could have obtained licenses from anywhere else in Kentucky, not just her office.
In support of Davis, the Foundation filed its own amicus brief with the Supreme Court, arguing that the court should completely reconsider the 2015 Obergefell v. Hodges decision, which would once again outlaw same-sex marriage in the 32 states that had bans on the books prior to the court’s decision.
The foundation also noted that the deciding vote in the Obergefell decision, Justice Anthony Kennedy, has since been replaced by Justice Brett Kavanaugh, an opponent of same-sex marriage, the Alabama News Network reports.
“The Supreme Court’s decision in Obergefell could not be logically deduced from the text of the Constitution or found in the longstanding traditions of our people,” Matt Clark, the lawyer who penned the brief for the foundation, wrote. “Obergefell not only perverted the Constitution and changed the definition of marriage, but it also jeopardized the religious liberty of Kim Davis and millions of Americans who object to same-sex marriage.”
“We commend Kim Davis for doing the right thing,” Kayla Moore, the president of the foundation, added. “Now that Justice Kavanaugh has replaced Justice Kennedy, we hope that the Supreme Court will once again allow the states to recognize marriage for what it is: a union between one man and one woman for life.”
As Chief Justice of the Alabama Supreme Court, Moore — who recently finished fourth in the Republican primary for a U.S. Senate seat — made headlines in 2016 when he issued an administrative order to Alabama’s 68 county probate judges explaining that an earlier order blocking them from issuing licenses to same-sex couples remained intact, despite the Supreme Court’s decision in the Obergefell case.
He had previously railed against the ruling as unconstitutional and a form of “judicial tyranny,” urging states to defy the ruling.
Read more:
Utah House committee passes bill to study effects of hormones and puberty blockers on trans youth
Federal judge rejects North Carolina’s request to dismiss transgender health care lawsuit
Support Metro Weekly’s Journalism
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.