Quoting everything from past court rulings to the Bible and the 1974 song “Feelings,” the chief justice called the court’s ruling “immoral, unconstitutional and tyrannical.” He referred to homosexuality as a “disgrace to human nature” which can’t be compared to opposite-sex intimacy.
“Sodomy has never been and never will be an act by which a marriage can be consummated,” Moore wrote.
Justice Tom Parker said the decision in which the Supreme Court gave the go-ahead for gay marriage nationally meant “the rule of law is dead.” Similarly, Justice Michael Bolin said the U.S. Supreme Court sided with advocates of same-sex marriage “without any constitutional basis,” yet added: “I do concede that its holding is binding authority on this court.”
Marshall, the ACLU attorney, said state probate judges could face federal court sanctions if they attempt to discriminate against same-sex couples now that the state Supreme Court has acted.
The justices’ writings revealed what seemed to be deep splits within the court.
Justices Bolin and James Main said it would be “erroneous and unjust” to attribute other judge’s opinions to them, and Shaw distanced himself from Moore’s arguments that he had a right to consider the case despite his past positions against same-sex unions.
“Whether any participation or vote by (Moore) violates the Canons of Judicial Ethics is an issue I do not address,” wrote Shaw.
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