Judge Roy Moore Is Toast

Ken AshfordConstitution, Courts/LawLeave a Comment

Alabama Supreme Court Chief Justice Roy Moore has been suspended from the bench for telling probate judges to defy federal orders regarding gay marriage.

The Alabama Court of the Judiciary (COJ) issued the order Friday suspending Moore from the bench for the remainder of his term.

“For these violations, Chief Justice Moore is hereby suspended from office without pay for the remainder of his term. This suspension is effective immediately,” the order stated.

The court found him guilty of all six charges of violation of canon of judicial ethics. Moore’s term is to end in 2019. Gov. Robert Bentley will name a replacement for Moore.

In its order, the COJ wanted to make sure people understood what Moore’s case was and was not about.

“At the outset, this court emphasizes that this case is concerned only with alleged violations of the Canons of Jucial Ethics,” the COJ states. “This case is not about whether same-sex marriage should be permitted: indeed, we recognize that a majority of voters in Alabama adopted a constitutional amendment in 2006 banning same-sex marriage, as did a majority of states over the last 15 years.”

The COJ also stated it is also not a case to review or to editorialize about the United States Supreme Court’s split decision to declare same-sex marriage legal nationwide.

In its 50-page order, the COJ stated it did not find credible Moore’s claim that the purpose for the Jan. 6 order was “merely to provide a ‘status update’ to the state’s probate judges.”

“We likewise do not accept Chief Justice Moore’s repeated argument that the disclaimer in paragraph 10 of the January 6, 2016, order – in which Chief Justice Moore asserted he was ‘not at liberty to provide any guidance … of the effect of Obergefell on the existing orders of the Alabama Supreme Court’ – negated the reality that Chief Justice More was in fact ‘ordering and directing’ the probate judges to comply with the API orders regardless of Obergefell or the injunction in Strawser (federal case in Alabama).”

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