"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

"If you're not having fun, you're not doing it right." -- Helyn D. Goldenberg

"I love you and I'm not afraid." -- Evanescence, "My Last Breath"

“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Monday, February 16, 2015

Marriage News Watch, February 16, 2015

Things are finally settling down in Alabama. We'll take a look at just how messy it got last week, and what happens now. Plus, Justice Ginsburg makes some pretty candid predictions for the Supreme Court's upcoming marriage decision.


Here's Roy Moore trying desperately to justify his resistance, and failing miserably.


What he doesn't seem to understand (OK, I'm being kind -- that should actually read "What he doesn't want to admit publicly") is that a federal court ruling, especially in cases like this, where there is a question of fundamental rights, is the law. He's relying very heavily on Justice Thomas' concurrence in Lockhart v. Fretwell, which says that a state court is not required to follow a federal district or circuit court's interpretation of federal law. What Moore is saying is that probate judges are not bound by a district court decision finding Alabama's marriage laws unconstitutional under the Equal Protection clause of the Fourteenth Amendment -- not the same question. At least he admits that federal law takes precedence over state law.

I commented on Justice Ginsburg's remarks, and the right-wing reaction, here.

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