Wednesday, July 20, 2016

Should a Chief Justice Advise Judges Not to Marry Same-Sex Couples?

Here is the latest saga in political judges. Roy Moore, Chief Justice of Alabama’s Supreme Court campaigned to openly defy federal law on marriage equality. He was removed from the Chief Justice position in 2003 after he ordered the Ten Commandments to be placed in the high court’s assembly area. 
No worries, because in Alabama—just as an Illinois— the people elect judges. (I interject to note that since the 1950s, the Illinois State Bar Association and Chicago Bar Association have advocated for merit selection of judges, chosen by a body of judges, lawyers and non-lawyer citizens.)

So, Roy Moore was elected again to the post from which he was banished.

After the U.S. Supreme Court ruled that gay and lesbian adults have a constitutional right to marry, Chief Justice Moore began advising county probate judges to ignore federal court rulings and refuse to marry same-sex couples.

On Friday, Alabama’s statewide judicial ethics commission proposed to immediately fire the Chief Justice for disobeying the law, and failing to comply with a federal injunction.

No sneers for Alabama—they have an effective judicial commission that does its job. If Chief Justice Moore was in Illinois, he’d face the weakest state judicial ethics commission—a commission that has left four of its thirteen board seats vacant for as long as three years! (Photo shows 5,300 pound monument that sat in the Alabama supreme court until a federal judge ordered its removal.) 

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