The more things change, the more they stay the same, at least in Alabama. Judge Roy Moore’s refusal yesterday to honor rulings of the 11th Circuit Court of Appeals and the U.S. Supreme Court allowing same-sex marriage in Alabama is reminiscent of George Wallace’s attempt to stop integration in that state in 1963. Wallace is probably most famous for his 1963 inauguration speech in which he declared:
“It is very appropriate that from this cradle of the Confederacy, this very heart of the great Anglo-Saxon Southland, that today we sound the drum for freedom as have our generations of forebears before us time and again down through history. Let us rise to the call for freedom-loving blood that is in us and send our answer to the tyranny that clanks its chains upon the South. In the name of the greatest people that have ever trod this earth, I draw the line in the dust and toss the gauntlet before the feet of tyranny, and I say segregation now, segregation tomorrow, segregation forever.”
Whether or not Wallace was a hard and fast racist can be debated, but he won that race with the backing of the Ku Klux Klan and by promoting racial segregation and states? rights.
Wallace tried to frame his argument against segregation as a ?states? right? issue as well. Granted, the majority of white Alabama voters were vehemently against integration, and Wallace saw himself as David vs. the Kennedy administration’s Goliath. His words were incendiary and goaded the fringe element to take action. Crimes against blacks rose in the following months and years.
In writing about the decision of the courts this week, Judge Roy Moore used similar language, stating:
“The people of Alabama voted in a constitutional amendment to define marriage as being between man and woman. As governor, I must uphold the Constitution. I am disappointed in Friday’s ruling, and I will continue to oppose this ruling. The Federal government must not infringe on the rights of states.”
Moore’s feeling about homosexuality is well known in the south. In writing a concurring opinion about an Alabama’s court’s findings in 2002, he stated:
?Homosexual conduct is, and has been, considered abhorrent, immoral, detestable, a crime against nature, and a violation of the laws of nature and of nature’s God upon which this Nation and our laws are predicated. ? Such conduct violates both the criminal and civil laws of this State and is destructive to a basic building block of society-the family. ? The law of Alabama is not only clear in its condemning such conduct, but the courts of this State have consistently held that exposing a child to such behavior has a destructive and seriously detrimental effect on the children. ? It is an inherent evil against which children must be protected.?
There’s not a lot of room for misinterpretation there. Moore has never been shy about expressing his opinions on issues about which he is passionate, i.e., most anything that doesn’t jibe with his “Christian” beliefs. He was once removed from his post as Chief Justice of Alabama for refusing to remove a statue of the Ten Commandments. He ran again and was re-elected. Go figure.
In the current legal altercation, Moore has attempted to usurp the court’s authority by ordering state probate judges to defy the ruling, ?uphold the state constitution? and refuse to issue marriage licenses to gay couples. Maybe because probate judges are elected in Alabama rather than appointed, many are feeling the pressure of the strong anti-LGBT movement and going along with Moore’s order. They may get away with it unless the Supreme Court of the U.S. rules on the issue in June. Conventional wisdom holds that SCOTUS will overturn all bans on same-sex marriage. We may see Moore making a stand similar to Wallace?s, albeit on the steps of a courthouse rather than a school.
