Watch as Alabama Chief Justice Roy Moore issues his most defiant stance against same-sex marriage and the U.S. Supreme Court to date.
On Fox News Sunday, Alabama State Supreme Court Chief Justice Roy Moore went further than he has previously, stating that if the U.S. Supreme Court rules in favor of same-sex marriage and should a same-sex marriage case come before his court afterwards, he would not be bound by the Supreme Court’s ruling.
Justice Moore told Fox News host Chris Wallace that he could recuse himself from the case or even dissent. And he accused the Supreme Court of acting outside its authority if and when it rules that same-sex couples have the legal right to marry under the U.S. Constitution.
Moore told Wallace that “if the case comes before me and the Supreme Court has decided what marriage is, then that would control that case,” meaning only the people named in the case, the plaintiffs and the defendants, would be bound by the ruling. “But I would not be bound thereby,” he stated.
“I could recuse or dissent as a justice from Delaware did in the Dred Scott case in 1857,” Moore continued. “They ruled black people were property. Should a court today obey such a ruling that is completely contradictory to the Constitution?”
Asked if the State of Alabama would have to abide by a Supreme Court ruling supporting marriage equality, Moore agreed it would, but accused the Supreme Court of acting outside the law.
“State courts are bound by the rulings of the United States Supreme Court,” Moore agreed.
He then pointed to Supreme Court Justice Benjamin Curtis, famous for dissenting in the Dred Scott decision.Â
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“But just like Benjamin Curtis did, he said that when a strict interpretation of the Constitution, according to the fixed rules, which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a constitution. We’re under a government of individual men who for the time being has a power to declare what the Constitution is according to their own views and what they think is ought to mean.”
And Moore offered up his personal belief – one many would agree is incorrect – on the genesis of laws governing marriage.
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“This power over marriage which came from God under our organic law is not to be redefined by the United States Supreme Court or any federal court.”
Even Fox host Wallace was unmoved, reminding Moore and viewers, “when the Supreme Court rules, the Supreme Court rules.”
Watch:
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Image: Screenshot via Mediaite
Transcript via Fox News
Hat tip: Talking Points Memo
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