On Friday US District Court Judge Callie V.S. Granade struck down Alabama’s same-sex marriage ban. In doing so, she noted:

Additionally, these laws further injure those children of all couples who are themselves gay or lesbian, and who will grow up knowing that Alabama does not believe they are as capable of creating a family as their heterosexual friends.

For all of these reasons, the court finds that Alabama’s marriage laws violate the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Enter Tony Perkins, head of the anti-gay hate group Family Research Council. In an email to supporters Friday evening he wrote:

Tony Perkins - Family Research Council

This federal judge is throwing out the votes of the people of Alabama
and attempting to shut down the debate over marriage. In exercising
their right to vote, Alabama voters overwhelmingly sent a message that
that they want to see society rebuild and strengthen marriage – not have
it redefined by unelected judges.

One would think that Mr. Perkins would find some new rhetoric. When the people act as legislators then their actions are subject to judicial scrutiny. The margin by which they exercise a law-making capability is entirely irrelevant with respect to that scrutiny.

In mentioning the children of same-sex couples Judge Gallande is mirroring the concerns of Justice Anthony Kennedy who voiced similar sentiments during oral argument in United States v. Windsor.

It is worth mentioning that Judge Gallande was nominated by George W. Bush. Presumably she had the approval (if not direct support) of Alabama’s two conservative Republican senators; Jefferson Beauregard Sessions, III and Richard Shelby.

Perkins later wrote:

There is nothing in the U.S. Constitution that empowers this federal
judge to overturn Alabama’s marriage amendment nor any basis for the
U.S. Supreme Court to impose a 50 state same-sex ‘marriage’ mandate.

Judge Gallande disagrees. Who is the more credible arbiter?

By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.