Religion & American Law

Alabama Supreme Court Chief Justice Roy Moore strongly opposes same-sex marriage. His opposition is so great, in fact, that he has stated that he would not recognize same-sex marriage in his court room. Justice Moore’s public outcry to same-sex marriage emerged on the heels of two District Court rulings that declared that Alabama’s anti-marriage laws were unconstitutional. On February 9, 2015 District Judge Granade legally recognized same-sex marriage in Alabama in two cases: Searcyv. Strange and Strawser v. Strange. Moore, however, is attempting to defy this ruling by ordering state judges to continue to deny marriage licenses to same-sex couples. Moore and other state officials appealed to the Supreme Court for a stay—or an application for review of a case by the Supreme Court—but were denied. In an interview, Moore asserted that the Supreme Court has no authority to rule on same-sex marriage going as far as to say that “When a word’s not in the Constitution clearly, the powers of the Supreme Court do not allow them to re-define words and seize power” (quoted in Doug 2015, 2). In Alabama, today, 11 counties still refuse to issue marriage licenses to same-sex couples and 9 have stopped issuing marriage licenses altogether.

Defying his oath to uphold federal and state law by appealing to God constitutes excessive entanglement between religion and the government. Furthermore, it violates the First Amendment prohibition of establishment of religion. Moore, however, believes that he is not bound by the Supreme Court’s ruling and has said that if a same-sex marriage case came before him he would dissent. Moore even compared same-sex marriage to slavery, citing the Dred Scott Case in 1857, in which a Supreme Court Justice dissented against the ruling that free blacks could not be recognized as citizens. Moore appealed to Dred Scott to defend his stance on same-sex marriage, stating “They ruled black people were property. Should a court today obey such a ruling that is completely contradictory to the Constitution?” (quoted in Doug 2015, 1). In my opinion, this comparison is ridiculous and if a comparison is to be made between the two cases it would seem more viable as an appeal in favor of marriage equality.

In 2013, the Supreme Court ruled that the Defense of Marriage Act (DOMA)—passed in 1996—was unconstitutional, as it violated the Equal Protection Clause of the 14^th Amendment. DOMA was a federal law which holds that states can refuse to recognize same-sex marriages that were licensed under the laws of other states. This denied important financial benefits to same-sex couples which are allotted to heterosexual couples. DOMA shows that there is precedent for the federal government to define what marriage is and this recent ruling displays the authority of the Constitution.

Many, including Moore, believe that the decision of same-sex marriage should be decided by each individual state and not involve the federal government. While I think that each state should make its own choice, I believe that all states are subject to the Constitution—most importantly the equal protection clause. Furthermore, while I believe that everyone is entitled to their own religious beliefs, it is inappropriate for a State Supreme Chief Justice to invoke religious law over the laws of our nation, as he did when he claimed that “This power over marriage, which came from God under our organic law, is not to be redefined by the United States Supreme Court or any federal court” (quoted in Doug 2015, 3).  When it comes down to it, the laws of the United States are governed by the Constitution and not God. Madison and Jefferson were adamant concerning the necessity of the separation of church and state and they were two of the most pivotal framers of the Constitution.