Attorneys for Alabama Chief Justice Roy Moore Sue Commission Over Charges, Suspension From Bench

Moore RestoredMONTGOMERY, Ala. — Attorneys for embattled Alabama Chief Justice Roy Moore have sued the state Judicial Inquiry Commission (JIC) to challenge the constitutionality of the charges leveled against the “Ten Commandments Judge” and to seek his immediate reinstatement to the bench.

“The charges against Chief Justice Roy Moore must be dismissed. The JIC has no jurisdiction over an administrative order of the chief justice. Only the Alabama Supreme Court has jurisdiction, and that court agreed with the order,” Mat Staver, founder and chairman of Liberty Counsel, said in a statement on Friday.

“We are asking the federal court to strike down the automatic removal provision in the Alabama State Constitution and we are asking that Chief Justice Moore be immediately reinstated,” he stated.

Staver also said that Liberty Counsel will also assert that the JIC violated the confidentiality rule that requires that details of an investigation be keep confidential until charges are issued.

“In this case, the JIC intentionally leaked the pending charges to the media, which is a serious violation of the JIC rules,” he said.

As previously reported, Moore was suspended from the bench earlier this month and now faces possible removal after the homosexual advocacy groups Southern Poverty Law Center, People for the American Way, the Human Rights Campaign, and a drag queen who goes by the name Ambrosia Starling, pressed the JIC to take action against Moore.

The situation began in 2013 when two lesbians in the state sued Gov. Robert Bentley, Attorney General Luther Strange and Mobile County Probate Judge Don Davis—among others—in an attempt to overturn Alabama’s marriage amendment after one of the women was denied from adopting the other woman’s child.

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In January 2015, U.S. District Judge Ginny Granade ruled in favor of the women, prompting Moore to send a memo to probate judges throughout the state, advising that they are not required to issue “marriage” licenses to same-sex couples as he believed that Grenade’s ruling only applied to the two women.

“[N]othing in the orders of Judge Grenadae requires Alabama probate judges to issue marriage licenses that are illegal in Alabama,” he wrote. “Pursuant to … the Federal Rules of Civil Procedure, Alabama probate judges are not subject to those orders because the probate judges are not parties or associated with any party in those cases.”

“[T]he injunction and the stay or the lifting thereof can only apply to the sole defendant, the Alabama attorney general,” Moore said. “I urge you to uphold and support the Alabama Constitution and the Constitution of the United States to the best of your ability. So help you God.”

Moore also wrote a letter to Gov. Robert Bentley, urging him to “uphold and support the Alabama Constitution with respect to marriage, both for the welfare of this state and for our posterity.”

“Be advised that I will stand with you to stop judicial tyranny and any unlawful opinions issued without constitutional authority,” he stated.

The Southern Poverty Law Center (SPLC) then filed a judicial ethics complaint against Moore over his letter to Gov. Bentley, and the homosexual activist group Human Rights Campaign (HRC) submitted 28,000 petition signatures to the JIC calling for Moore’s removal.

As confusion ensued over Moore’s letter to probate judges, one judge, John Enslen of Elmore County, asked the full Alabama Supreme Court for further guidance. In March 2015, six of the nine judges of the Alabama Supreme Court released a historic order halting the issuance of same-sex “marriage” licenses in the state. Moore recused himself from the matter and was not included in the order.

“As it has done for approximately two centuries, Alabama law allows for ‘marriage’ between only one man and one woman,” the 148-page order read. “Alabama probate judges have a ministerial duty not to issue any marriage license contrary to this law. Nothing in the United States Constitution alters or overrides this duty.”

In January, Moore sent another letter advising that the full court’s would remain in effect until it issued directives in light of the U.S. Supreme Court ruling in Obergefell v. Hodges.

“Until further decision by the Alabama Supreme Court, the existing orders of the Alabama Supreme Court that Alabama probate judges have a ministerial duty not to issue any marriage license contrary to the Alabama Sanctity of Marriage Amendment or the Alabama Marriage Protection Act remain in full force and effect,” he wrote on Jan. 6.

He also noted that his order does not weigh in on how June’s U.S. Supreme Court ruling has impact on the Alabama Supreme Court’s directive, and said that it was not his place to make that determination.

“I am not at liberty to provide any guidance to Alabama probate judges on the effect of Obergefell on the existing orders of the Alabama Supreme Court. That issue remains before the entire court, which continues to deliberate on the matter,” Moore wrote.

Earlier this month, the Alabama Judicial Inquiry Commission (JIC) announced that it had filed ethics charges against Moore as a result of the SPLC complaint, and suspended the chief justice while he faces a trial before the Alabama Court of the Judiciary.

It said that Moore was “bound by the United State Supreme Court’s interpretation and application” of the Constitution to same-sex “marriage,” but Moore notes that his letter had nothing to do with the Supreme Court order, and that the full court was to later issue directives about the matter after receiving legal briefing.

Liberty Counsel says that the JIC has no authority to render legal opinions when it disagrees with a judge’s view of the law, and that the automatic suspension requirement in the Alabama Constitution violates due process.

“The automatic removal provision places far too much power in the JIC, which can just file charges and have a judge removed,” Staver said.

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  • Grace Kim Kwon

    Justice Roy Moore should become the US President. USA should conduct godliness, charity, and justice.

    • Ronald Carter

      Willful lawbreakers, particularly judges who should know better, are generally not considered prime presidential material…

      • Grace Kim Kwon

        Western secularism is being lawless against the Creator God. Without Christianity, the West only has sexual chaos and upholding of infanticide and suicide. Man must not attack his own conscience, but that’s exactly what the wayward West is doing against Christianity this century. You guys are crazy, disgracing even all your parents and grandparents. Prosperity is a woe in Sodom.

        • Ronald Carter

          I know you have been asked this question before, but do you know what the word “secular” means?

          Also, do I really need to point out to you that many atheists also oppose “sexual chaos” (whatever THAT is) and abortion and suicide?

          • The Last Trump

            You don’t know what THAT is, either “Ron”?
            And yet you are sure that atheists oppose IT?!
            Wow. Really struggling with comprehension here, Muffin.
            Remember, G..O..O..G..L..E is your friend!

          • Ronald Carter

            I know precisely what it means, Last Trump. What is clear is that Grace does not and would be more benefitting of your “advice”, so why not send it to her instead?

          • Grace Kim Kwon

            You are wrong. Atheists support blasphemy and abortion and suicide and sexual immorality. In fact, they plan manual deduction of human population. Atheists do not differ throughout the world. Man can never be good apart from God. Read Psalm ch.14 and John ch. 3 in the Holy Bible. It talks about atheists. You need to repent of your evil and believe the Gospel of Jesus Christ to get saved and to cherish everyone’s life equally.

          • james blue

            Atheism has only one tenet, the denial of the existence of any God.
            There is nothing in Atheism past that and any other belief, be it
            science, ideology, or supernatural is a personal belief and unconnected
            to Atheism. Past the denial of the existence of any God there is nothing to connect one atheist to another other than by coincidence.

            An Atheist can be pro life, he can disagree with the theory of evolution, the big bang theory. An Atheist can agree with every social conservative ideology with the exception of the existence of God.

            There has never been a nation ruled by Atheism, because atheism isn’t a system. There have been nations rule sans religion, but not Atheism. The ruling factor is political. There are Atheists who have led far purer lives sans believing in a God than those who believe in a God.

            There are people who believe in God who support blasphemy, abortion, suicide and sexual immorality Hitler was not an atheist, he may not have been a good Christian, but he did believe God exists.

            What Christian part of this nation involved the genocide of the native population?

          • Grace Kim Kwon

            Atheists killed 100 million in communist nations and massacred 1 billion humans by abortion worldwide. They are the #1 killer in all of the history and still plan to massacre more for population control. Christianity fed, rescued, and educated at least 7 billion humans – the top life-giver in all of history everywhere. Americans do not know real atheism because they were always nurtured and spoiled by the gentle Christian Church. You have only a short history and will repeat the folly of all the fallen stupid empires at this rate. Don’t fall into such evil.

            “All flesh is grass, and all its loveliness is like the flower of the field. The grass withers, the flower fades, because the breath of the Lord blows upon it; surely the people are grass. The grass withers, the flower fades,
            But the word of our God stands forever.” (Isaiah ch. 40)

          • james blue

            They didn’t kill anyone in the name of Atheism. There is no tenet other than not believing in God to Atheism. Most abortionists are not atheists and most people who have abortions believe in the existence of a deity. Over history Christians have killed millions in the name of God, Muslims have killed millions in the name of God. Most inmates on death row believed in God when they committed their crime.

          • Grace Kim Kwon

            You are wrong. Atheists singled out the believers and massacred them everywhere. Many of them still do now. You only know about your little country of after 1990’s or something. Mankind had longer history than that. Christians fed and rescued and educated billions of humans all over the world including all Americans. Christians alone built hostpitals, schools, and orphanages everywhere on Planet Earth. Christians alone fight against infanticide(abortion). They are creators and inventors and practitioners of the good and charity. Mimicking is easy to anyone and any nation. Christians provide life; atheism provides death and despair. Stop attacking the Church; you are biting the feeding hand. You are also being one rotten descendant to all your forefathers by attacking the Christians. You need to repent of your evil to get saved. (John ch. 3)

          • Ronald Carter

            Never heard of the Crusades nor the Spanish Inquisition then?

          • Grace Kim Kwon

            They strengthend Europe against pagan barbarisms and invaders. Now you will lose your land because unlike your Christian ancestors you guys are so feminized and cowardly.

          • Ronald Carter

            What are you talking about?

          • Joe

            Your confusing Catholicism with the Church the body of Christ. That argument is a reflection of your ignorant lost mind.

          • Ronald Carter

            If you were a Christian at the time of the Inquisition or Crusades, then you were a Catholic. It’s not an argument at all but an easily verified historical fact, so maybe mine is not the ignorant lost mind here.

          • Joe

            The Inquisition is a group of institutions within the judicial system of the Catholic Church whose aim was to combat heresy. It started in 12th-century France and continued until the Late Middle Ages. The Inquisition was significantly expanded in response to the Protestant Reformation and the Catholic Counter-Reformation. Its geographic scope was expanded to other European countries,[2] resulting in the Spanish Inquisition and Portuguese Inquisition….. Let’s recap what we just read! First multitudes of Christians during the Inquisition resided in other parts of the world other then Europe. Secondly the Inquisition subsequently killed and tortured Protestants (Christians). There are the facts.

          • Ronald Carter

            Let’s recap what you said, which was essentially that Catholics are not Christians. Tell me how this is a coherent statement.

          • Joe

            The Church the Body of Christ are Christians. This Church is comprised of individuals who SOLELY believe in the death, burial and resurrection of Jesus Christ for their salvation. A faith which excludes working for your salvation. Catholics believe in a works religion for salvation along with many other pagan like qualifications to numerous to mention. FAITH + NOTHING is what separates the Church the Body of Christ from ALL other Religions. Would you be interested in accepting the free gift of salvation today by trusting in the cross work of Jesus Christ?

          • Ronald Carter

            Oh yes! Please, help cleanse my soul of the foul papist lie I have been deceived with. I want to know Jesus Christ and say the sinners’ prayer and believe in the rapture and speak in tongues and wave snakes around.

            That’s what you want me to say, isn’t it?

            You need to read up on your subject a little more. Catholics don’t believe works get you into heaven, they believe in a combination of works and grace through faith.

            As it happens, I’m not a Christian at all, but if I wanted to be one, I would join the Catholics long before joining some do-it-yourself evangelical fundamentalist cult. The Catholics have been around far longer, I think they know Christianity just a little better.

          • Joe

            And your the resident expert on all things pertaining to the Gospel of the Grace of God, the bible and Christianity and yet your an unbeliever who’s understanding of what is written in the bible is most likely what the world taught you and is without the discerning guidance of the Holy Spirit. Every statement you make reflects your woeful attempt to state a factual case. Oh and besides the fact this a public site, why, being not a Christian, do you find it necessary to place comments on Christian articles. Can you spell Troll?

          • Joe

            And by the way you don’t join the Body of Christ which is true Christianity, but you would be welcome to join the Catholic church. They would love to take your tithes.

          • Joe

            One more thing regarding your comment on what a Catholic believes….Romans 11:6 And if by grace, then is it no more of works: otherwise grace
            is no more grace. But if it be of works, then it is no more
            grace: otherwise work is no more work.

            Ephesians 2:8 For by grace are ye saved through faith; and that not of
            yourselves: it is the gift of God: Not of works, lest any man should boast.
            It’s not about works their Ron.

          • George T

            Joe: Ah! That’s an interesting way of presenting a No True Scotsman fallacy (^_^)

          • Ronald Carter

            Never claimed to be an expert but if history books and the dictionary both tell you that Catholics are Christians and you still don’t believe it, your credibility has taken a huge hit.

            I can be a non-Christian and find this forum interesting in the same way I can be a non-dog and find dog forums interesting.

          • james blue

            Did you ever take a history class in your life?

        • WorldGoneCrazy

          You are a beautiful ambassador for the Light shining in darkness for us, Sister Grace! May God bless you always!

          • Grace Kim Kwon

            Thank you so much. I owe my well-being to American Christians. I regard the Founding Fathers as my own forefathers and cherish USA as my own homeland. One should never forget the life-saving favor he received for life. I really appreciate Christian Americans. Thank you. You’ve rescued countless number of lives all over the world.

      • The Last Trump

        In today’s liberal extremist Amerika, corrupt liars without actual citizenship who hate babies, traditional family, liberty, freedom, the Constitution and patriotism ARE.
        Go figure.
        Think I’ll throw in my lot with Judge Moore, thanks.

        • Ronald Carter

          You are funny. In all my years on this earth I never met a single person who hated babies, liberty, freedom the Constitution or patriotism. I don’t THINK I ever met anyone who hated the “traditional family” either, because I am not certain what you mean when you say that…all families are traditional. Or is this more euphemistic hate-speak?

          • The Last Trump

            You never met Val?
            Are you sure….. 😉

          • Ronald Carter

            Is that another person you do battle with whom you’re trying to pretend is one person using many names? No, I am not Val.

          • Grace Kim Kwon

            You need Justice Moore for US President.

    • LadyFreeBird♥BlessedBeTheLord

      I would love it if he would be President. It would be good for America.

      • Grace Kim Kwon

        Yes, America needs Christianity to stay civilized. Other nations follow her.

  • james blue

    “We are asking the federal court to strike down the automatic removal provision in the Alabama State Constitution and we are asking that Chief Justice Moore be immediately reinstated,” he stated.

    So let me get this straight, they are suing because they feel the judge was right to place the Alabama constitution over the SCOTUS ruling yet are asking a federal court to overrule the Alabama constitution?

    • Luke Sulla

      It’s a living.

  • Nidalap

    Seeking justice in an increasingly unjust world. Good luck, Judge Moore…

  • Herb Planter

    /sigh heavy is the cross ‘bama. hang in there i feel you’ll win this. and someone needs to do away with SPLC or remake it, its not what it used to be and it’s pointless now.