Presiding Justice Jess H. Dickinson issued a Separate Written Statement Objecting to a Court order, in which he cites to and quotes from an article we wrote reacting to the U.S. Supreme Court’s decision in Obergefell.
“And, according to an article co-authored by Herbert W. Titus, who taught constitutional law for more than a quarter of a century and concluded his academic career as the Founding Dean of Regent Law School:
‘There is simply no other way to say it.
‘The Supreme Court’s decision today redefining marriage to include couples of the same sex is wholly illegitimate and unlawful. A nullity. Worthy only to be disobeyed. Anyone who says otherwise—that the rule of law requires recognition of same-sex marriage—is committing a fraud. And any State official—like Governor Robert Bentley of Alabama—who says that his oath of office requires unconditional obedience to the Supreme Court’s mandate to issue same-sex couples licenses to marry is mistaking his oath to the Constitution as if it were an oath of absolute obedience to five justices who happen to be sitting on the nation’s highest court.’ ” [Footnote: Herbert W. Titus & William J. Olson, Obergefell v. Hodges: Illegitimate, Unlawful, and a Fraud on the American People, Western Journalism, June 26, 2015 (last visited Nov. 3, 2015).]