Indiana’s Governor isn’t the only government official living in an alternate universe. Look, for example, at Alabama’s “Judge” Roy Moore, who has also been in the news of late.
It’s one thing when students who don’t understand the difference between a statute and a constitution complain that their preferred policies should be the law of the land. It’s regrettable–albeit humorous–when Y’all Qaida cowboys communicate their grievances (and inadvertently, their ignorance) by taking over a bird sanctuary. But we expect lawyers— and especially Judges—to understand how the American legal system works.
They don’t have to agree with every Supreme Court decision. They can stamp their feet and insist—as Governor Pence did when he was Congressman Pence—that Marbury versus Madison was wrongly decided, and that every statute struck down by the Supreme Court since 1803 was an act of judicial usurpation.
But we do expect them to obey the decisions of the highest court in the land.
For those of you who’ve been vacationing on the moon, Moore—who has long been a religious zealot with delusions of grandeur—is the Chief Justice of the Alabama Supreme Court, a position he regained after being removed for defying federal law and several court orders by erecting a five-ton replica of the Ten Commandments at the door to the Alabama courthouse. Most recently,
Judge Moore issued an administrative order declaring that “Alabama probate judges have a ministerial duty not to issue any marriage licenses” to same-sex couples. The Supreme Court’s June Obergefell decision legalizing same-sex marriage involved a case from a different federal circuit, so it does not apply in Alabama, Moore argues. Legal experts say that is a patently wrong interpretation of American law.
Patently wrong indeed! Law students who took such a position would never pass a bar exam.
Read my lips, “Judge.” If you don’t like gay people, fine. Don’t invite them over for dinner. If you disapprove of same-sex marriage, don’t have one. If your version of God hates homosexuals, feel free to pray for their descent into the fiery pits (or whatever hell you people believe in).
But no matter how fervent your belief, no matter how wedded you are to your animus, you don’t get to overrule the Supreme Court. If you are incapable of following and applying the law, you need to be impeached or otherwise removed from a position that allows you to affect other people.
I think it was Andy Warhol who said everyone was entitled to 15 minutes of fame. Don’t look now, Judge, but your 15 minutes are up—and it won’t be long, in historical terms, until those who agree with you join you in that great dustbin of history.