In Alabama, which is set to begin allowing same-sex marriages on Monday, two old foes are facing off over the future of gay rights in the state.
A legal group is leading the fight against Alabama Supreme Court Chief Justice Roy Moore over his opposition to gay marriage. Last week, Moore wrote in a letter to Gov. Robert Bentley that he planned to oppose a federal judge’s recent ruling that the state’s ban on same-sex marriage is unconstitutional. He referred to the decision as “judicial tyranny” and said that any Alabama judges who obey the federal court ruling and allow marriage licenses to be issued would be in “defiance of the laws and Constitution of Alabama.”
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Krotoszynski said the matter has come up several times in the constitutional law course he teaches to first-year students, both in and out of class. “They seem embarrassed,” he said of his students, noting that “they understand the supremacy clause of the Constitution,” which states that federal laws take precedence over state laws.
“Whether or not the students personally agree or disagree with same-sex marriage, they clearly appreciate that a state court judge cannot resist or refuse to honor a higher ruling,” he added.
