The Pretended Offenses of Chief Justice Roy Moore

In June of 2015, the U.S. Supreme court asserted the opinion that gay couples had the right to marry under the US constitution. On the heels of this opinion, last year a federal judge ruled same-sex marriage was legal in the state of Alabama.

Judge Roy Moore

Alabama Supreme Court Justice Roy Moore postulated that the US Supreme Court, and the federal judge’s ruling, was at odds with a unanimous decision by the Alabama Supreme Court that stated marriage is between one man and one woman. Moore then issued an administrative order to state probate judges stating they should not issue marriage licenses to same-sex couples.

This sparked a whirlwind for the good Chief Justice who was suspended from his job last week and faces possible ouster after the anti-American Southern Poverty Law Centre (SPLC) filed a complaint with the Judicial Inquiry Commission (JIC); which then forwarded the case to the Court of the Judiciary. What was the crime?

In the Declaration of Independence our Founding Fathers used the term “pretended legislation” to describe legislation that does not square with what the Declaration refers to as the “Laws of Nature and Nature’s God.” As a result, this legislation had no lawful authority. And though our founders were guilty of breaking many pretended laws, they referred to these offenses as “pretended offenses.”

Chief Justice Moore’s legal council recently released a statement that read:

“He did nothing wrong. The politically motivated complaints filed with the JIC have no basis in the Canons of Judicial Ethics.

In other words, if the Chief Justice was drunk on the bench, he would have broke the canons (rules) of Judicial Ethics. Of course the judge has done nothing to break ethical rules, which means the only motivation for the enforcement of these pretended offence is politics.

Moore’s statement continues:

“The Alabama Supreme Court is the only body that has statutory authority to overrule administrative orders of the Chief Justice.”

Simply stated, Moore gave an administrative order to probate Judges to stop issuing licenses. If this was an ethical violation, only the supreme court of Alabama can enforce a penalty.

What Moore’s persecutors are attempting is an end-run around the rule of Law. They want The Supreme Court of the United States to be the author of law and thereby create “Pretended Legislation” in their favor.

So now the same court that removed Moore from office in 2003 for his refusal to follow a federal court order to remove a Ten Commandments monument from the rotunda of the state’s judicial building, will decide whether Moore violated judicial ethics, and he could be removed from office if found guilty of this pretended offense.

But thankfully Moore is not laying down on this.  He recently stated:

“The JIC has chosen to listen to people like … 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.”

God knows the outcome, but one thing is certain: His laws are not “pretend” because your rights are unalienable, regardless of what a king or court enforces.

Learn more about your Constitution with Jake MacAulay and the Institute on the Constitution and receive your free gift.

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Jake MacAulay serves as the Chief Operating Officer of the Institute on the Constitution (IOTC), an educational outreach that presents the founders’ “American View” of law and government. The former co-host of the syndicated talk show, The Sons of Liberty, he is an ordained minister and has spoken to audiences nation-wide, and has established the American Club, a constitutional study group in public and private schools.

Jake MacAulay

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