Judge Moore & Foundation Defend Marriage in Supreme Court Brief
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MONTGOMERY, AL — Judge Roy Moore and the Foundation for Moral Law (http://www NULL.morallaw NULL.org/) filed an amicus curiae (“friend-of-the-court”) brief in the United States Supreme Court, asking the Court to overturn lower federal courts that struck down Proposition 8, the California marriage amendment defining marriage as between one man and one woman, as unconstitutional.
Judge Roy Moore commented on this important case:
“Throughout history, marriage has been recognized as the union of male and female, a contract between husband and wife, the ‘most solemn and sacred of all,’ according to the United States Supreme Court in 1819. When the people of California tried to reaffirm that definition of marriage in their own Constitution, a federal district court and the 9th Circuit Court of Appeals overturned the will of the people. We at the Foundation for Moral Law are asking the United States Supreme Court to hear this case and reverse the unlawful decisions of the lower courts. By attempting to redefine marriage as the union of two persons of the same sex, the courts are trying to make a law which contradicts the Common Law, the Constitution of California, the Defense of Marriage Act (DOMA) passed by Congress in 1996, opinions of the U.S. Supreme Court, the United States Constitution, and the ‘laws of nature and of nature’s God’ upon which our Country was founded.”
After the federal courts in San Francisco struck down California’s Proposition 8, proponents of the marriage amendment asked the U.S. Supreme Court to hear the case.
In its brief supporting Proposition 8, Judge Moore and the Foundation argued four main points: (1) the text of the Constitution should be the standard for determining whether Proposition 8 is constitutional, not judicially-fabricated “tests”; (2) marriage is an institution for human government, not merely an individual right; (3) just because California courts recognized same-sex “marriage” in California, which lasted for a mere 140 days, does not make it a time-honored, God-given right; and (4) contrary to the lower courts’ opinion, a “rational basis” for traditional marriage exists.
The Foundation urged the Supreme Court to hear this crucial case and to permit the right of the people of California to legally affirm the definition of marriage as between one man and one woman–just as Alabama and a large majority of all the states have done.
The Foundation for Moral Law (http://www NULL.morallaw NULL.org/), a national non-profit legal organization located in Montgomery, Alabama, is dedicated to restoring the knowledge of God in law and government through litigation and education relating to moral issues and religious liberty cases.