Alabama chief justice faces ouster after gay marriage fight

Roy Moore, Chief Justice of the Alabama Supreme Court, speaks during a news conference at the Judicial Building in Montgomery, Ala., Wednesday, April 27, 2016. Moore says a judicial ethics panel should dismiss complaints filed against him as he fought to keep gays and lesbians from marrying in the state.

Roy Moore, Chief Justice of the Alabama Supreme Court, speaks during a news conference at the Judicial Building in Montgomery, Ala., Wednesday, April 27, 2016. Moore says a judicial ethics panel should dismiss complaints filed against him as he fought to keep gays and lesbians from marrying in the state. (Mickey Welsh/Montgomery Advertiser via AP)

MONTGOMERY, Ala. (AP) โ€” Alabama Chief Justice Roy Moore โ€” ousted from office more than a decade ago over a Ten Commandments display โ€” now faces possible removal from the bench over his effort to block gay marriage from coming to that state after the U.S. Supreme Court effectively legalized same-sex marriage nationwide.

The Alabama Judicial Inquiry Commission on Friday filed ethics charges against Moore, saying that the state chief justice abused the power of his office and displayed disrespect for the judiciary. Moore, 69, has been automatically suspended from the bench until there is a resolution.

The charges stem from a Jan. 6 administrative order Moore sent to probate judges telling them an Alabama court order and law banning same-sex marriages remained in full force and effect even though the U.S. Supreme Court decision in Obergefell v. Hodges effectively legalized gay marriage six months prior.

“By issuing his unilateral order of January 6, 2016, Chief Justice Moore flagrantly disregarded a fundamental constitutional right guaranteed in all states as declared by the United States Court in Obergefell,” the Judicial Inquiry Commission wrote in the charges.

The chief justice’s order to probate judges also came even though a federal judge had enjoined probate judges from enforcing Alabama’s same-sex marriage ban, the commission wrote.

The Court of the Judiciary will decide whether Moore is guilty of violating judicial ethics. If found guilty, he could face removal from office.

Moore issued a statement Friday night saying he doesn’t believe the commission has authority over administrative orders and state court injunction. Moore, as he did in a press conference last week about the complaints, referenced a recent protest outside his office by gay and transgender people.

“The JIC has chosen to listen to people like Ambrosia Starling, a professed transvestite, and other gay, lesbian and bisexual individuals, as well as organizations which support their agenda. We intend to fight this agenda vigorously and expect to prevail,” Moore said.

The Southern Poverty Law Center, a civils rights legal advocacy group, filed the complaint against Moore that led to Friday’s charges.

“Moore has disgraced his office for far too long,” SPLC President Richard Cohen said. “He’s such a religious zealot, such an egomaniac that he thinks he doesn’t have to follow federal court rulings he disagrees with. For the good of the state, he should be kicked out of office.”

Moore previously served as Alabama’s chief justice. The Court of Judiciary removed him from office after 2003 after he refused to comply with a federal court order to remove a boulder-sized Ten Commandments monument that he installed in the rotunda of the state judicial building.

This Story Filed Under

Comments