Judiciary

Suspension of Roy Moore from Alabama Supreme Court upheld, but don't count him out for other offices

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Roy Moore

Roy Moore.

The suspension of Alabama Supreme Court Chief Justice Roy Moore has been upheld, following his January 2016 order that state probate judges had a “ministerial duty” to not give same-sex couples marriage licenses.

The Alabama Court of the Judiciary suspended Moore for the remainder of his term in September, the Montgomery Advertiser reports, and a special state supreme court, comprised of retired judges, on Wednesday upheld the finding. The state supreme court decision can be read here.

Defense lawyers claim Moore was reminding probate judges that there was a same-sex marriage lawsuit pending before the Alabama Supreme Court, to avoid confusion. In its September suspension order, the Alabama Court of the Judiciary found that Moore’s directive was contrary to both federal orders and Obergefell v. Hodges, the 2015 landmark U.S. Supreme Court case that found same-sex couples have a constitutional right to marry.

The finding suspends Moore, without pay, to the end of his term in 2019, AL.com reports. Moore was also suspended from the state supreme court in 2003, after he refused to follow a federal court order directing him to remove a 10 Commandments monument Moore had installed in the building that houses the state supreme court. He was re-elected as chief justice to the state supreme court for a six-year term in 2012.

State age-limit requirements for the Alabama Supreme Court prevent Moore, who is 69, from running for re-election after his suspension ends. He has indicated that he may run for another state office, the Montgomery Advertiser reports. He said that he may run for the U.S. Senate, targeting Attorney General Jeff Sessions’ former seat, and will announce his decision by next week, according to AL.com.

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