Roy Moore, the now-embattled Alabama chief justice who’s facing national fire over his order to probate judges to not issue same-sex marriage licenses, said during a televised interview that his call-to-arms is constitutional — that judge’s orders are not law.
The context of his claim was a discussion that looked at his order to probate judges in the state, in the face of U.S. District Judge Callie Granade’s ruling that Alabama’s gay marriage ban was unconstitutional.
Chief Justice Moore told “Fox News Sunday” that Judge Granade’s ruling was only applicable to the particular case she heard — that it was not an automatic law.
He also cited Rule 65 of Federal Rules of Procedure, which “states very clearly” that those who are not before a lower court are not required to abide the ruling, Newsmax reported.
“She now has one judge under authority, but not the other remaining probate courts of Alabama,” Chief Justice Moore said, the news outlet reported.
As such, Chief Justice Moore said his order to probate judges in the state is not a violation of federal law.
SEE ALSO: Alabama Supreme Court to rule on same-sex marriage
“What a judge says is not law,” he said, Newsmax reported.
• Cheryl K. Chumley can be reached at cchumley@washingtontimes.com.
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