On Tuesday afternoon, State Senator Gerald Allen (R-Tuscaloosa), the sponsor of the Alabama Memorial Preservation Act, criticized Jefferson County Circuit Judge Michael Graffeo’s ruling that the law is unconstitutional.
Graffeo made the ruling Monday.
“Under the Constitution, judges are to be neutral umpires who apply the rule of law fairly,” Allen said in a statement. “A judge’s personal beliefs, whether about politics, sociology, or history, have no bearing on how he is to apply the law.”
He continued, “Judge Graffeo has taken it upon himself to know and declare that it is ‘undisputed’ that the majority of residents of Birmingham are ‘repulsed’ by the Linn Park monument, and has thus ruled the Alabama Memorial Preservation Act void. But judges are not kings, and judicial activism is no substitute for the democratic process.”
“The Memorial Preservation Act is meant to thoughtfully preserve the entire story of Alabama’s history for future generations. The law was vigorously debated for months by the people of Alabama’s duly-elected representatives in the State Legislature, and passed with overwhelming majorities in both the House and Senate,” Allen advised.
He concluded, “The Attorney General’s Office is confident that the Memorial Preservation Act is constitutional, and I look forward to the Attorney General’s appeal of Judge Graffeo’s ruling.”
Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn
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