As a former resident of San Francisco and of Alabama in the era of racial segregation I feel qualified to speak on the sanctuary city issue. At present there are over 200 sanctuary cities in the United States that refuse to enforce federal immigration law. There are other cities and states who refuse to endorse the U.S. Supreme Court decision legalizing same-sex marriage.
In sanctuary cities, politicians passed local laws to prevent city and federal law enforcement officials from arresting and deporting undocumented aliens. Reasons for sanctuary city policies range from political to religious. The political argument goes that conservative Republicans in Washington passed inhumane and illegal laws to deport undocumented aliens who only want to work and support their families in the United States. The religious argument is similar: It is Christian to help those in need.
In that sanctuary city policies selectively pass local laws against federal laws they disapprove, whether politically or religiously, this is States’ Rights in the form of City Rights. States do have rights to make laws but those laws cannot be in defiance of the U.S. Constitution or in defiance of federal law, without legal consequences.
States’ Rights in the Alabama of my youth were used to justify racial segregation and deny people of color their rights as American citizens. The words of racists and States’ Rights proponents, called Righters at the time, to hardworking, honest African Americans were repugnant and vile. The words were meant to humiliate and threaten people to lives of servitude, obedience and fear.
The U.S. Constitution does not allow states to deny an individual’s constitutional rights. Former Alabama Chief Justice Roy Moore, Republican of Etowah County, did not agree with the U.S. Supreme Court Obergefell decision legalizing same-sex marriage in all 50 states and he devised a bureaucratic way to cheat same-sex couples in Alabama their right to legal Alabama civil marriage or to Christian marriage in truly Christian Alabama churches.
As Chief Justice of Alabama, Moore lacked the right to overrule the U.S. Supreme Court, just like Alabama Gov. George C. Wallace lacked the right to deny the Civil Rights legislation of the 1960s. The State of Alabama removed Moore from his office and placed him on a public trial of sorts.
I want to be clear I am not criticizing former Justice Moore for his Christian belief, his religious background or his interpretation of the Holy Bible. As a Christian, I urge former Justice Moore to pray about his decision and maybe he can evolve on same-sex marriage as have many other politicians, Democrats and Republicans.
Moore should understand that same-sex couples are Christians also and they deserve their right to have their relationships legal by law and by faith. Former Justice Moore for interfering in the application of Alabama which he swore or affirmed to uphold, Alabama Judicial officials have suspended him as Chief Justice of the Alabama Supreme Court until the end of his term in 2019. The Judicial officials, Moore’s Alabama legal peers, found he violated “the Canons of Judicial Ethics” in Alabama.
What Moore, the politician likely wanted, was a legal decision against him based on his religious views against same-sex marriage. The state of Alabama officials wisely, in my view, denied Moore that argument. It will not, however, prevent him from accusing “the national homosexual lobby” as the evil villain in the decision to suspend him made by other straight Alabamians. Not even Alabama GOP Gov. Robert Bentley, an ordained minister, would come to Moore’s aid.
Moore plans to appeal his suspension and he could use the sanctuary city argument in his defense. He could argue that since some 200 sanctuary cities defy federal immigration law, cities may also defy federal marriage law. He could cite the political and religious arguments for sanctuary cities against same-sex marriage.
Unless Moore’s personal prayers invoke the Word of God for him to accept same-sex marriage, Moore may continue his pitiful fight against Washington , “the national homosexual lobby,” Alabama, Christianity and other social and legal changes he disapproves. That could be dangerous if it motivates violence against LGBT people in Alabama or other states. The LGBT community should pray for Moore to change otherwise I fear his zealotry against same-sex marriage could lead to acts of violence against honest, hardworking Alabamians, gay and straight.
Jim Patterson is a Washington, D.C.-based writer, speaker and travels internationally on assignments.His late father served with the Alabama National Guard at Selma in 1965 and the author plays a reporter in the 2015 film Selma. JEPCapitolHill@gmail.com
