Commentary on Alabama Law and Society

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Location: Birmingham, Alabama

Wednesday, May 17, 2006

New Ammunition For The Moore-Ons

The stampede-like sound you hear is all the Alabama political candidates charging forward, hoping to be the first to tell you how important it is to pass our constitutional amendment banning gay marriage.

Why the renewed vigor? Because some god-hating judge in Georgia just struck down their equally stupid amendment.

How can a court strike down a constitutional amendment? Wasn't the whole point of the amendment to protect us and our fragile families from the tyranny of these gay-loving immoral judges?

The answer to the latter question is yes. As for the former, we underestimated their power. These wizards of wickedness cannot be controlled by mere laws. Like Mini-Moore says, judges don't have to follow laws they do not like. They rule with unchecked power (like Dubya). Their goal is to make us all just like them - godless, hopeless, evil monsters.

O.K. I'm exaggerating. In truth, it turns out the people who drafted the amendment are as dumb as its content. From the news reports, it appears Georgia has a rule limiting amendment ballots to one subject. The authors of this ballot included three subjects: No gay marriage; no civil unions; and something to do with state courts powers to settle disputes between a gay couple. 3>1, therefore the ballot was unlawful.

So Georgia has two counter-arguments. First, that because most Georgians dislike gay people, silly things like the law don't matter. Two, this is one subject: We do not like gay people. I guess the judge rejected both. Therefore, obviously, she is evil.

Kathy has more on the ruling at Birmingham Blues. If I find a copy of the opinion I'll post it later. I should also say that my conclusions may change when I read the opinion; reporters sometimes miss key issues. For now, though, I'm waiting to see who will be the first Alabama candidate to run with this. My money is on Mini-Moore.