Representatives with the Southern Poverty Law Center (SPLC) say that an Alabama Supreme Court Justice “dodged a bullet” when an ethics panel dismissed a claim over the judge’s “anti-LGBT” views.
The complaint was initially filed against Justice Tom Parker for comments that he made during a 2015 guest appearance on “Focal Point,” a Christian-based radio show. During Parker’s interview, he said that the Supreme Court “jumped outside all precedents to impose their will on the country” when they legalized gay marriage through the case of Obergefell v. Hodges.
At the time, the SPLC claimed that Parker stepped outside of his official bounds by making such comments on an “extremist” show. They pointed to Alabama’s Canon 3(A)(6), which supposedly prohibits judges from making “any public comment about a pending or impending proceeding in any court.” The rule includes proceeding that are not pending before the judge making the comments, and even apply when the judge’s comments would have no affect on the outcome or fairness of that proceeding. It’s a rule so restrictive that Parker’s legal counsel says the American Bar Association has even acknowledged that the “broad speech restriction violates the First Amendment.”
Mat Staver, who is currently representing ousted Chief Justice Roy Moore, also helped defend Parker.
“We are pleased that the complaint against Justice Tom Parker has been dismissed,” Staver said in a statement. “The speech-restrictive Judicial Canon clearly violates the First Amendment. The Canon is so broad that it prevents judges from commenting on any case pending anywhere in the county, even if they are teaching students in law school.”
“Shame on the SPLC for filing this politically-motivated complaint against Justice Parker,” he added.
Had Parker been charged by the Judiciary Inquiry Commission, he could have faced suspension.
Don’t miss out! Subscribe today to have Alabama’s leading headlines delivered to your inbox.