By Brandon Moseley
Alabama Political Reporter
On Friday, January 23, Alabama Speaker of the House Mike Hubbard (R-Auburn), US Representative Gary Palmer (R-Hoover), and Alabama Republican Party Chairman Bill Armistead issued written statements following Friday’s ruling from a federal judge stating that the Sanctity of Marriage Amendment and the Alabama Marriage Protection Act are unconstitutional.
Speaker Hubbard said, “It is outrageous when a single unelected and unaccountable federal judge can overturn the will of millions of Alabamians who stand in firm support of the Sanctity of Marriage Amendment. The Legislature will encourage a vigorous appeals process, and we will continue defending the Christian conservative values that make Alabama a special place to live.”
US District Judge Callie “Ginny” Granade struck down Alabama’s State Constitutional Amendment limiting marriage to one man and one woman. The Constitutional amendment banning same-sex couples was ratified by a vote of the people of Alabama.
Judge Granade ruled, “There is no law prohibiting infertile couples, elderly couples, or couples who do not wish to procreate from marrying. Nor does the state prohibit recognition of marriages between such couples from other states. The Attorney General fails to demonstrate any rational, much less compelling, link…the laws in question are an irrational way of promoting biological relationships in Alabama.”
Alabama Republican Party Chairman Bill Armstead said in a statement, “Tonight’s news is a clear demonstration of how traditional values espoused by Alabamians have begun to erode even in our conservative state. The far left-wing radical agenda of Barack Obama and the Democratic Party have brought to Alabama’s front door their effort to redefine marriage. Alabamians spoke when they voted in 2006 by 81 percent to adopt the Alabama Sanctity of Marriage Amendment, which makes it unconstitutional for the state to recognize or perform same-sex marriages or civil unions.”
Congressman Gary Palmer said in a written statement, “I’m more than disappointed by the ruling. This is yet another attempt to usurp the will of the people through judicial fiat. I hope the 11th Circuit will quickly reverse the decision.”
The Human Rights Campaign (HRC) had led the legal fight against Alabama’s defense of marriage law. HRC Legal Director Sarah Warbelow said in a written statement, “Judge Granade’s ruling today affirms what we already know to be true – that all loving, committed Alabama couples should have the right to marry. As the US Supreme Court prepares to hear a landmark case on marriage equality, today’s ruling joins the dozens and dozens of others that have recognized that committed and loving gay and lesbian couples deserve equal treatment under the law.”
At the time, many media outlets believed that this meant that gays in Alabama could now receive marriage licenses. The Alabama Probate Judge’s Association has assured us that that is not the case.
While Judge Granade ruled that the ban was in violation of the Equal Protection Clause of the US Constitution’s 14th Amendment, the Probate Judge’s Association said in a written statement that that ruling only applied to the plaintiffs in the case, Kimberly McKeand and Cari Seacy, are a lesbian couple who were legally married in San Diego, California, but live in Mobile. McKeand has a five year old son. Since the McKeand – Seacy marriage is not recognized by Alabama law, Seacy could not lawfully adopt McKeand’s son. The couple challenged the state’s ban and sued challenging the law.
Judge Greg Norris, President of the Alabama Probate Judges Association, said that he hopes that misinterpretation of Friday’s ruling will not cause confusion among the general public.
Judge Norris wrote, “As probate judges, our duty is to issue marriage licenses in accordance with Alabama law and that means we can not legally issue marriage licenses to same sex couples,” Norris said. “The recent federal ruling does not change that.”
Both supporters and opponents of gay marriage reached another conclusion.
On Friday, Chairman Armistead wrote, “I urge the Attorney General’s office to use every resource available to challenge, to the fullest extent, this ruling and stop the federal government’s overreaching power in this case. The fact that a federal judge in Alabama has ruled against Alabama’s constitution is a clear indication that the Democratic Party’s platform to promote same-sex marriage is impacting our way of life in Alabama. Few elected officials remain in the Democratic Party in Alabama today because of the radical positions taken by their Party and implemented federal judges like Judge Granade. I suspect that there will be even fewer elected officials in Alabama who claim to be Democrats after this ruling.”
The Deputy Legal Director for the Southern Poverty Law Center’s (SPLC) LGBT Rights Project David Dinielli wrote, “This historic ruling is a giant step toward full equality for LGBT people in Alabama and does not harm anyone. It is a victory for Alabama families and the children of same-sex couples whose lives will have more stability and certainty now that they are afforded the same rights and privileges as other married couples.”
Clearly there is some confusion between the Alabama Probate Judge’s Association and other legal professionals thus some additional clarification from Judge Granade or a higher federal court is very likely in the coming days. It is our understanding that same sex couples applying for a marriage license in Alabama on Monday, January 25 will still be denied.
Late on Sunday, District Judge Granade agreed to stay her controversial decision for two weeks to give the 11th Circuit Court of Appeals time to decide whether or not they want to hear the state’s appeal. The 11th Circuit would have the right to decide whether or not to extend the stay.
Whether the courts or the legislatures will ultimately decide how marriage is defined in the United States will almost certainly be decided soon by the US Supreme Court.
Redemption not revenge drives Tuberville supporter
It would make for a great political story if Edgar McGraw hated Jeff Sessions. In fact, it would be the kind of legendary story of revenge that TV movies are built around.
This man, Edgar McGraw, is arrested on drug distribution charges in 1986 and prosecuted by then-U.S. Attorney Jeff Sessions. Sessions takes everything from McGraw and gives gleeful media interviews bragging about the arrest and seizures of McGraw’s property.
McGraw gets out of prison, rebuilds his life and becomes a respected, successful business owner. All the while, biding his time until the day he can exact revenge upon Sessions.
One day in 2020, he sees his chance: A former college football coach in a football-crazed state is running against Sessions for U.S. Senate. McGraw throws some money to the coach, hosts a fundraiser for him.
And the coach does the unthinkable. He upsets the 30-year politician. With McGraw’s help, Jeff Sessions’ career is over.
But real life ain’t like the movies.
And in real life, Edgar McGraw has none of these dreams of revenge. He holds no ill will. He wasn’t gleeful the night Sessions lost, instead he was glad his friend Tommy Tuberville won. And he didn’t back Tuberville because he was running against Sessions, but because McGraw and Tuberville were friends long before Tuberville dipped a toe into politics.
That’s life, I guess. You go looking for a revenge story and end up with a redemption story.
“(The conviction) is water under the bridge to me,” McGraw said. “I made my fair share of mistakes, I paid the price, and I have moved on with my life. I believe every single person makes mistakes in life, but how you respond to those mistakes and live life afterward is what really matters. As Dr. Tony Evans says ‘everyone is going to get knocked down in life in one way or another, what’s important is how you get back up.’
“I never look back, that is just my personality. Just like you don’t drive a car looking in the rear-view mirror, I am always looking forward.”
I first heard about McGraw’s history a week ago, when someone sent me photos of Tuberville speaking at an event, McGraw standing by his side. McGraw was labeled a “felon” in a description with the picture, and that piqued my interest.
I read through a few newspaper articles about his arrest in the 1980s on drug distribution charges, and I thought it was possibly one of the craziest things I’ve come across in quite some time.
Basically, the story is this: McGraw, who was a successful businessman in Camden even in the 1980s, conspired with a handful of people to fly about $2 million worth of marijuana from Jamaica to a private air strip in Camden. The weed was going to McGraw’s farm, according to court records, where it would have been distributed and sold.
It never made it.
Drug dealers apparently aren’t great at physics, and $2 million in 1980 bought a lot of marijuana — approximately 1,400 pounds — that needed to be equally distributed around the small plane. Instead, according to media reports, the guys in Jamaica — McGraw wasn’t one of them — failed to secure the load and it all shifted to the tail of the plane. The plane crashed into a marsh on takeoff.
Still, Sessions and the U.S. Attorney’s Office were able to build a case with several informants and by flipping witnesses. And they went hard after McGraw, who maintained that he had a limited role. The federal jury that convicted McGraw of conspiracy to distribute also acquitted him of conspiring to import the weed, so there was obviously some gray area.
Regardless, Sessions went after McGraw’s property, utilizing recent and broad changes to asset seizure laws in the late-1980s that allowed prosecutors to tie virtually any property to drug money and then seize it. The federal government, with little evidence, took McGraw’s motel, the Southern Inn in Camden. It was one of the biggest asset seizures in the country at the time.
McGraw ended up being sentenced to 15 years in prison. He served less than half of that and prison records show he was released in 1992.
When I learned of McGraw’s history, I tweeted a couple of the newspaper clippings and speculated that McGraw had thoroughly enjoyed Tuberville ending Sessions’ political career. Because, I mean, Sessions took the guy’s motel — for marijuana that didn’t even get here.
He has to hate him, right?
Then I emailed McGraw to ask if he’d be willing to talk to me about it. I expected one of two things to occur: Either he would ignore me altogether or he’d accept the interview and express his great personal satisfaction.
He did neither.
Instead, McGraw told me the same story that he’s been telling at the Christmas party for Camden work release inmates. He volunteers with a Christian ministry that works with the prisoners. And each year, McGraw, who now is best known as part owner of the McGraw-Webb Chevrolet dealership in Camden, stands up in front of those inmates and lets them know that there is a pathway to redemption. To a better life. To a happy life.
“What happened coming up on almost 35 years ago, seems like a lifetime ago,” McGraw said. “My faith grew immeasurably during those years and the Lord has blessed me immensely since. I have been happily married for 27 years and I have three wonderful children; 26, 25 and 21 years old. I would want people to know to not let the past mistakes in life mold you. Brokenness can be a breakthrough.
“I feel like I am one of the most blessed people in the world and I give God all the credit. I would hope that I would be thought of as someone who came back home, worked very hard and served his community, church, and family to the absolute best of my God given ability.”
As far as his dealings with Sessions, McGraw said he’s had very little. While he clearly disagrees with Sessions’ decisions in his case — all McGraw would say is that he’d leave that up to Sessions to answer for — he said he’s spoken to the former U.S. AG just once in the past three decades. That meeting came at an Auburn basketball game, where McGraw introduced himself and reminded Sessions of their past. McGraw said the conversation was cordial and lasted only a few minutes.
He swears he holds no ill will towards Session at this point. His support of Tuberville had nothing to do with his history, or even politics really. Records show McGraw has donated to only one campaign in his life — Tuberville’s. And that came about because the two are old friends.
“My relationship with Tommy Tuberville began sometime while he was coaching at Auburn,” McGraw said. “We became friends with the Tubervilles as our sons became close friends while attending Auburn University and our friendship has grown since. Our family made our first contribution to Tuberville in April of 2019. I want to be very clear that my support of Tommy Tuberville was only influenced by our friendship and his political views and had nothing to do with Jeff Sessions.”
And maybe that’s for the best.
2020 has more than its fair share of nasty political stories, revenge stories and just plain ol’ dirtiness. Maybe a good story of redemption is something we could all use at this point. Maybe what we need to hear is the message that McGraw gives to those 100 or so inmates each year at Christmas.
“I strive to give (them) the hope that whatever they have done in the past does not have to limit their future,” McGraw said. “I learned to take nothing for granted and that every single day is a gift from above.”
Merrill gives guidance on straight party, write-in voting
Alabama Secretary of State John Merrill issued guidance Wednesday on straight party and write-in voting.
“Voters who wish to vote straight party for all of the Democratic or Republican candidates on their ballot may do so by filling in the bubble next to their party preference at the top of their ballot,” Merrill explained in a statement.
“If a voter wishes to vote for any candidate outside of the selected party, however, he or she may do so by filling in the bubble next to the preferred candidate’s name. In doing so, the candidate(s) voted on outside of the voter’s designated party ballot will receive the vote for that particular race.
“In addition, if a voter wishes to write-in a candidate, he or she may do so by filling in the bubble next to the box marked ‘Write-in’ and then printing the name of the preferred candidate on the designated line.
“Write-in votes must be hand-written and not stamped or otherwise artificially applied to the ballot.”
Sample ballots for the Nov. 3 general election are available online.
Airbus celebrates five years of passenger jet manufacturing in Alabama
The Airbus manufacturing facility in Alabama has now been manufacturing aircraft for five years in the state of Alabama. The first Airbus passenger jet manufactured in Alabama was an A321 christened “BluesMobile” on Sept. 14, 2015. It went to Jet Blue.
Since then, 180 A320 family aircraft have been built in Alabama for eight airline customers. The Alabama-made passenger jets have flown 60 million passengers 500 million miles, according to Airbus.
“When we announced our intent to build A320 family aircraft in the United States, and to locate that facility in Mobile, Alabama, we also stated our intent to be a good neighbor, to create jobs and opportunities, and to help strengthen the U.S. aerospace industry,” said president and CEO of Airbus Americas C. Jeffrey Knittel.
The Airbus facility at the Mobile Aeroplex at Brookley directly employs more than 1,000 people. Earlier this year, Airbus opened a second assembly line at the complex that produces A220 aircraft. The operation represents an investment of around $1 billion.
“The achievements of the Airbus U.S. Manufacturing team over these past five years are just the beginning,” Knittel said. “We are proud to call Mobile our American aircraft manufacturing home, and we look forward to many more years of partnership with the community, our customers and suppliers.”
“Airbus has announced a series of expansions over the past few years that have placed Alabama on the map as a leader in the aerospace industry. Business analysts predict that by 2023, Alabama will be number 4 or 5 in the world for the production of commercial aircraft,” said economic developer Nicole Jones. “This is a testament to teamwork and strategic partnerships between the public and private sector as well as the quality, dedicated, and skilled workforce Alabamians provide and companies need. Alabama has a history of leadership in aerospace and aviation, and Airbus is an international pioneer in the industry. We are thankful to Airbus team for their continued commitment to our state, nation, and the world.”
This has been an extremely difficult year for the airline industry due to far less business travel, decreased tourist travel and many nations imposing travel restrictions for people from other countries due to the threat of the coronavirus. Many airlines are asking Congress to provide more stimulus dollars.
Alabama Gulf Coast beaches remain closed for now
Alabama Gov. Kay Ivey announced that beaches will remain closed for now due to ongoing repair and cleanup efforts in the wake of Hurricane Sally.
“Working closely with Gulf Shores Mayor Robert Craft and Orange Beach Mayor Tony Kennon, as well as Commissioner Billy Joe Underwood, the governor has agreed to keep Baldwin County’s beaches closed until Friday, October 2nd,” the governor’s office said in a statement. “This will allow those communities additional time to get their beaches ready for public enjoyment in a safe, responsible manner.”
Mobile County beaches might open earlier than that.
“Likewise, the governor has been in touch with Mayor Jeff Collier, and she is prepared to amend the beach closure order for Mobile County when he signals that Dauphin Island is ready to reopen their beaches,” the governor’s office said in a statement. “At the present time, all Alabama beaches remain closed until further notice.”
Hurricane Sally came ashore near Gulf Shores on Sept. 16 as a category two hurricane with 105 mile per hour winds. Numerous homes, businesses and farms have been destroyed and many more have seen serious damage.
“As of Wednesday night, approx. 37,000 cubic yards of Hurricane Sally debris (equivalent to roughly 1,700 truck loads worth) has been picked up in Orange Beach since Sunday (4 days),” the city of Orange Beach announced. “Kudos to our debris contractor CrowderGulf.”
“I spent Sunday afternoon meeting with senior staff and I believe we will need some time to get our buildings safe for children to return,” said Baldwin County Schools Superintendent Eddie Taylor in a letter to parents. “We live in a very large county. Power may be on in your area and your school may not have any damage, but we cannot open schools unless all schools can open. Our pacing guides, state testing, meal and accountability requirements are based on the system, not individual schools.”
“We have schools without power and for which we do not expect power until later this week,” Taylor said. “In this new age, we need internet and communications which are currently down so we cannot run any system tests. We have physical damage at our schools including some with standing water, collapsed ceilings and blown out windows. We have debris on our properties and debris blocking our transportation teams from picking up students. All of this must be resolved before we can successfully re-open.”
“If everything goes as planned, I expect we will welcome back students on Wednesday, September 30,” Taylor said. “Prior to returning students to school, we will hold two teacher work days to get our classrooms and our lessons plans back on track.”