Conservatives Vow To Fight, Defy U.S. Supreme Court On Gay Marriage

| by Michael Allen

The U.S. Supreme Court ruled today 5-4 that states could not ban gay marriage, which means same-sex marriage is legal throughout the U.S.

However, some conservatives are vowing to defy and fight the ruling of the High Court.

According to Talking Points Memo, 2016 Republican presidential candidate Mike Huckabee openly defied the court ruling, which he deemed, "unconstitutional."

Huckabee also said:

The Supreme Court has spoken with a very divided voice on something only the Supreme Being can do-redefine marriage. I will not acquiesce to an imperial court any more than our Founders acquiesced to an imperial British monarch. We must resist and reject judicial tyranny, not retreat. reports that Republican Senator Ted Cruz of Texas told Sean Hannity's radio show:

On marriage, I’ve introduced a constitutional amendment that would protect the authority of state legislatures to define marriage as the union of one man and one woman. We should pass that amendment. I’ve also introduced legislation stripping the federal courts of jurisdiction over legal assaults on marriage.

However, the Supremacy Clause in the U.S. Constitution grants federal authority over the states.

Roy Moore, the Chief Justice of the Alabama Supreme Court, shared a posting by his wife Kayla on Facebook by The Foundation for Moral Law that states:

Not only does the U.S. Supreme Court have no legal authority to redefine marriage, but also at least 2 members of the Court’s majority opinion were under a legal duty to recuse and refrain from voting. Their failure to recuse calls into question the validity of this decision.

According to, Judge Moore founded The Foundation for Moral Law and Kayla is the president of the group.

Fox 6 in Alabama notes: "The state associations of county commissioners and probate judges is recommending probate courts avoid issuing any marriage licenses until Monday at 10 a.m., so that attorneys can read the Supreme Court ruling legalizing same-sex marriage and decide how to proceed."

Politico reported that Mississippi and Louisiana had placed gay marriages on hold.

Louisiana Attorney General James D. “Buddy" Caldwell's government website states:

In addition, the Attorney General's Office said that it has found nothing in today’s decision that makes the Court’s order effective immediately. Therefore, there is not yet a legal requirement for officials to issue marriage licenses or perform marriages for same-sex couples in Louisiana. The Attorney General's Office will be watching for the Court to issue a mandate or order making today’s decision final and effective and will issue a statement when that occurs.

According to The Clarion-Ledger, Mississippi Attorney General Jim Hood said in an email to circuit county clerks:

The Supreme Court's decision is not immediately effective in Mississippi. It will become effective in Mississippi and circuit clerks will be required to issue same-sex marriage licenses when the 5th Circuit lifts the stay of Judge Reeves' order. This could come quickly or may take several days. The 5th Circuit might also choose not to lift the stay and instead issue an order which could take considerably longer before it becomes effective.

That statement also appeared on Hood's government website, but was replaced by a new statement:

The Office of the Attorney General is certainly not standing in the way of the Supreme Court’s decision. We simply want to inform our citizens of the procedure that takes effect after this ruling. The Supreme Court decision is the law of the land and we do not dispute that. When the 5th Circuit lifts the stay of Judge Reeves’ order, it will become effective in Mississippi and circuit clerks will be required to issue same-sex marriage licenses.

According to, "The Jindal administration has said Louisiana's state government won't recognize gay marriage until a lower court rules on the issue. The 5th U.S. Circuit Court of Appeals has taken up a gay marriage case, but was waiting on the Supreme Court ruling before moving forward with it. The Jindal administration is now delaying recognition of gay marriage in Louisiana until this appeals court decision is issued."

The Texas Tribune reports that Texas Attorney General Ken Paxton said:

To be clear — the law in the state of Texas is that marriage is one man and one woman, and the position of this office is that the United States Constitution clearly does not speak to any right to marriage other than one man and one woman and that the First Amendment clearly protects religious liberty and the right to believe in traditional marriage without facing discrimination.

However, Paxton's government website posted a press release with this headline: "Attorney General Ken Paxton: Following High Court’s Flawed Ruling, Next Fight is Religious Liberty."

Sources: The Clarion-Ledger, Louisiana Attorney General James D. “Buddy" Caldwell, Mississippi Attorney General Jim Hood 1, Mississippi Attorney General Jim Hood 2, Talking Points Memo, Texas Attorney General Ken Paxton, Texas Tribune,,, Facebook, Fox 6,
Image Credit: David Ball