Roy Moore & Ron Paul: The Politics of Secession, Nullification, and Marriage Equality

About Frederick Clarkson

Roy Moore, the elected Chief Justice of the Alabama Supreme Court has been in the news lately for his efforts to block same sex marriage in the state—notwithstanding a federal judge’s ruling that Alabama’s anti-marriage equality law is unconstitutional.  Moore claims that federal courts, short of the U.S. Supreme Court, do not have the authority to interpret the Constitution against the laws and constitution of the state. Moore’s efforts are being discussed as nullification, and are even being compared to Gov. George Wallace’s attempt to prevent the integration of the Alabama public schools in the 1960s.

A slow motion showdown may be brewing over Moore’s notion of state sovereignty vs. the supremacy of federal law that extends beyond the matter at hand. Moore told Fox News Sunday that he does not recognize the authority of the federal courts regarding, among other things, marriage. If, as seems likely, the U.S. Supreme Court makes marriage equality the law of the land this term, he says he will “recuse” himself from matters involving same-sex marriage.  Contrary to some published reports, this does not mean he will defy the U.S. Supreme Court.  He knows that if he did so, he would be removed from the bench, just as he was a decade ago when he installed and refused to remove a monument to the Ten Commandments from the state courthouse in Montgomery – in defiance of a federal court order.  Moore is too wily to try that again.

Alabama Chief Justice Roy Moore

Alabama Chief Justice Roy Moore

At this writing, there is a lot of legal wrangling in both state and federal courts over the issuing of same-sex marriage licenses in Alabama.  Some counties are complying with the rulings and issuing licenses to couples, and some are not.

But looking beyond the current confusion, Moore has apparently decided to use his position to speak out about what he considers a creeping federal tyranny, while taking pains not to jeopardize his seat.

Taking a similar approach is Moore’s longtime ideological ally Michael Peroutka, (the one-time presidential candidate of the theocratic Constitution Party, and recently-elected Republican member of the Anne Arundel County 1)Maryland Council).  When the Council voted on a resolution to seek federal funding for public school programs, all members (both Democrats and Republicans) voted in favor, except for Peroutka who abstained. The Capital Gazette reported, “Peroutka said he took issue with federal money being sent to local schools because the Constitution does not give the federal government the authority to “be involved in any education at all.”

“Federal programs are driving the agenda here in our local schools,” Peroutka said. “They’re driving the agenda with a lot of money.””

Michael Peroutka

Michael Peroutka

All of this may portend a struggle that will play out differently than one might think. The situation may be more complicated than just the country generally, and the conservative South in particular, reaching acceptance of marriage equality.

Groups and individuals involved in the wider movements of the Christian Right and contemporary libertarianism, on which PRA has reported over the past two years, have advocated varying degrees of nullification and secession; and have envisioned vary degrees of political tension, violence and civil war. Peroutka and Moore may lack the votes in their respective governmental institutions for nullification over marriage and other issues, but they can be voices for building a movement which could one day be capable of carrying it out.

It is not clear yet how organized or capable the movement is currently, but it is worth noting that former Rep. Ron Paul (R-TX)  spoke at a gathering in January at the Mises Institute, in Auburn, Alabama, called “Breaking Away: The Case for Secession”.

“I would like to start off,” Paul declared, “by talking about the subject and the subject is secession and, uh, nullification, the breaking up of government, and the good news is it’s gonna happen.  It’s happening,”

Meanwhile, judge Moore and Peroutka seem to be taking the long view—but others are not.  Among these is another longtime Peroutka friend and ally, Michael Hill, head of the theocratic and White supremacist Alabama-based League of the South.  Peroutka, as PRA reported last year, was a member of the board of directors of the League for several months in 2014, before quietly leaving, apparently in preparation for his run for office. His membership in the League was a major issue in the campaign. Peroutka said he resigned his membership but did not renounce the League itself. After Peroutka won the election, Hill celebrated his friend’s victory.

Hill has called for the formation of death squads to kill American government officials and journalists, and for White men of all ages to become “citizen soldiers” in a great modern defense of archaic notions of Christendom.  He has as gone so far as to organize a paramilitary group.

Hill sees himself and his comrades as part of a long line of such “citizen soldiers,” invoking historic battles with Islamic armies going back to the Battle of Tours in the 8th century. His role models for warriors for Christendom, however, are the White Westerners who fought against Black liberation movements in Southern Africa in the 1970s.

“So if Western men in past times were willing to fight for their civilization in remote areas of the world,” he asked, “shouldn’t we expect them to be just as willing to fight for that civilization here at its very heart – the South? … The traditions and truths of Western Christendom are anathema to the [Obama] regime,” he concluded. “The tyrants’ regime and Western Christendom cannot coexist—that is not possible. One must win and the other must disappear. It is indeed the ultimate Zero Sum game.”

Michael Hill is treating the federal judge’s overturning of the “Sanctity of Marriage” amendment to the Alabama state constitution as the last straw. While the League says it supports judge Moore’s effort to defend the state constitution against the alleged federal tyranny, Hill declared that he no longer considers himself an American and called for violent secession of the South from “the American monstrosity.”

Hill also joined theologian Peter Leithart of Birmingham and prominent Christian Right political organizer David Lane, in explicitly declaring his opposition to “Americanism.”

“Yes, many of our citizens have, wittingly or unwittingly, embraced Americanism for either survival or profit,” Hill declared. “I have not, and I intend to convince my fellow Southerners to join my side. I do not intend to leave Alabama or the South… I intend to fight, and if necessary kill and die, for their survival, well-being, and independence.”

A Moscow – Montgomery Axis?

As it happens, the League has been receiving encouragement from elements in Russia, particularly some who support Ukrainian separatists. He addressed, via Skype, a red/brown conference of anti-globalism activists, in Moscow in December 2014.  Hill told the conference that he sees American southern nationalism as an “historic ‘blood and soil’ movement” – an overt reference to 20th century ultra-German nationalism and Naziism.

Hill reports that he also emphasized the League’s “direct Southern nationalist challenge to the political, economic, and financial engine of globalism – the Washington, DC/European Union alliance.”

While the League has been networking with separatist movements around the world for a long time, the relationship with and support for pro-Russian, Ukrainian separatists has been growing.  On his Facebook page last year, Hill cast the situation as a battle between the “decadent West,” meaning the U.S. and the European Union (EU), and supposedly traditionalist Russia—which he described as “conservative, Orthodox, anti-Muslim and anti-PC.”

“We Southerners, as Christian traditionalists,” he concluded, “ought to sympathize with those in Ukraine who would object to closer ties with the USA-EU regimes simply because of what they now stand for: multiculturalism, tolerance, and diversity; anti-Christian policies from abortion to homosexuality; open borders and the demographic displacement of native Whites; an aggressive foreign policy, including war, in the name of spreading liberal democracy. On the other hand, Russia today stands against such things.”

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Frederick Clarkson is a senior fellow at Political Research Associates. He co-founded the group blog Talk To Action and authored Eternal Hostility: The Struggle Between Theocracy and Democracy. Follow him on Twitter at @FredClarkson.