Alabama-based foundation carries battle to Supreme Court

MONTGOMERY, Ala., -- The Foundation for Moral Law, an Alabama-based legal foundation dedicated to the defense of religious liberty under the Constitution, Friday filed an amicus brief with the supreme courtcase involving same-sex marriage.

 The Foundation has been embroiled in an Alabama case involving a same-sex union. After the Southern Poverty Law Center sued the State of Alabama to have Alabama's Sanctity of Marriage Amendment declared unconstitutional, the Foundation intervened to protect a widowed mother who did not want her deceased son's name used to advance same-sex marriage. U.S. District Judge Keith Watkins of the Middle District of Alabama has put the case on hold, presumably awaiting the U.S. Supreme Court's ruling which is expected in June.

The case before the U.S. Supreme Court involves same-sex marriage laws in Michigan, Indiana, Kentucky, and Tennessee. Reversing federal district court decisions, the Sixth Circuit reversed and held that those states may prohibit same-sex marriage if they so choose. Same-sex marriage advocates have appealed that decision.

In its brief the Foundation argues that the Supreme Court should base its decision on what the Constitution actually says, not what unelected federal judges would like to read into the Constitution. The Foundation maintains that the Constitution delegates no power over marriage to the federal government, and therefore that issue is reserved to the states by the Tenth Amendment.

Foundation President Kayla Moore expressed optimism that the Justices will give favorable consideration to the Foundation's arguments, because the Supreme Court's decision in the Sixth Circuit will affect the Foundation's Alabama case as well.

"Eighty-one percent of Alabama voters approved the Sanctity of Marriage Amendment in 2006," she said. "That ought to count for something. Governments derive their just powers from the consent of the governed, and unelected federal judges should not lightly disregard the will of the people on an issue on which the Constitution is silent."