Judicial activism is alive and well on one state’s bench, and it’s not a state where one would expect to find such a thing.
It’s in Alabama, where the chief justice of that state’s Supreme Court, has decided that the Highest Court in the Land — the United States Supreme Court — declined to overturn a lower federal court ruling that overturned the state’s ban on people marrying others of the same gender.
The high court, then, in effect endorsed the lower court ruling. The state’s ban on same-sex marriage is overturned, along with bans in 38 other states — including Texas.
As USA Today notes in an editorial, same-sex marriage has become as divisive an issue as the civil rights battles were in the 1950s and ’60s. Most Americans support same-sex marriage now, although in the Deep South, opponents of it remain in the majority.
Still, the entire nation is governed by a single Constitution and the federal courts are empowered to interpret that document in the manner they deem appropriate.
Federal judges have been striking down the bans generally on the grounds that they violate the 14th Amendment to the Constitution, the one that guarantees “equal protection” for all citizens under the law.
Justice Moore, though, doesn’t see it that way, even though he swore an oath to protect and defend the U.S. Constitution.
Don’t conservatives oppose judicial activism? Don’t they rail continually at judges who put their own bias above the law?
Alabama’s top state judge is on the wrong side of this issue. Period.