Alabama Chief Justice Roy Moore appeared at a rally in Texas with that state’s Attorney General Ken Paxton to rant and rave about same-sex marriage and make several false, absurd and clearly hypocritical arguments. Let’s start with the federalism argument:
“Nothing in the Constitution of the United States,” he claimed, falsely suggesting federal and state court judges are equal, “gives federal courts any authority over domestic policy of family and marriage, in the state of Texas the state of Alabama, or anywhere else.”
So Loving v Virginia must have been wrongly decided, right? You should just come out and say so. But you won’t because you know that position is quite unpopular even in Alabama and Texas. And it would show that if your argument is consistently applied, it leads to bizarre legal results.
“No court has any authority to redefine what God proposed in Genesis. The definition of marriage, you want it by man? It doesn’t come by man, it comes by God.”
No court has any authority to rule against God’s commands in the Bible? Then we better get rid of the First Amendment, right? After all, the very first commandment forbids the worship of other gods, and yet the Bill of Rights, in its very first clauses, guarantees the right to do so. Clearly the founding fathers were a bunch of atheists out to destroy God’s holy rule, right? Again, apply your “logic” consistently and it quickly leads down roads almost no one wants to go.
Ironically, having now ruled in the public square, he then called for Supreme Court Justices Ruth Bader Ginsburg and Elena Kagan to recuse themselves “from sitting on this issue.” He added they will “void” any perception of impropriety if they do not, which of course is false as the day is long.
Yes of course. Any judge speaking publicly on an issue must recuse themselves. Except Roy Moore. And Scalia. And Thomas. And anyone who agrees with them. It’s inexcusable, but only when liberals do it.