The U.S. Supreme Court probably won’t rule on marriage equality until the end of June, and when it does, Justice Ruth Bader Ginsburg is likely to side in support of equal-marriage rights.
For the right, this will be deeply annoying – not just because of conservative opposition to marriage equality in general, but also because much of the right believes Ginsburg shouldn’t be able to participate in the case at all. Right Wing Watch had this report this afternoon:
Alabama Chief Justice Roy Moore spoke with Family Research Council President Tony Perkins on Friday about his belief that states should “resist” a potential Supreme Court ruling on marriage equality, saying that Congress and the states should simply defy a court decision they disagree with by stating “that there is no right to redefine marriage” in the U.S. Constitution.“We have justices on the Supreme Court right now who have actually performed same-sex marriages, Ginsburg and Kagan,” Moore continued. “Congress should do something about this.”
Such as? Moore raised the prospect of impeachment proceedings.
Perkins concluded, in reference to Ginsburg, “This is undermining the rule of law in our country and ushers in an age of chaos.”
First, the idea that Ginsburg can’t consider the constitutional questions surround marriage rights because she’s performed wedding ceremonies is pretty silly.
Second, let’s not lose sight of the context here. Roy Moore, who was once expelled from state Supreme Court because he declared an ability to ignore federal court rulings he doesn’t like, continues to argue that Alabama is not bound by the federal judiciary.
There’s someone in this story who’s “undermining the rule of law in our country,” and trying to create “chaotic” conditions, but it’s clearly not Ruth Bader Ginsburg.