Chief Justice Roy Moore of Alabama may be forgiven for his order to the probate judges of his state directing them to disregard the SSM order of an Alabama federal judge. I say this because a less decorous person might rightfully label him nuts. I am far more bothered by the behavior of Alabama’s Attorney General.
According to the Washington Post, the Alabama Attorney General, Mr. Luther Strange, told his state’s probate judges that he cannot advise them what to do regarding the issuance of marriage licenses to same sex couples and suggested they seek help elsewhere. That was an abdication of his most essential duty–to insure that Alabama follows the rule of law.
That the Attorney General does not like the ruling of the federal judge or that the Alabama Attorney General must deal with Chief Justice Moore is no excuse. A federal judge has said that Alabama must allow SSM and that declaration in our federal system is binding. That’s it–game over, at least for now. It is not debatable.
The Alabama Attorney General should tell the people of Alabama, and especially the probate judges, that they have an obligation to follow the rule of law. After all, the rule of law only matters when you don’t like the results.