Saturday, June 27, 2015

Does Ethics Drive Opponents of Same Sex Marriage to Disobey SCOTUS Ruling and Ignore Professional Ethics?

The Supreme Court of the United States ruled Friday the 26th of June, that same sex couples could enjoy the right to legally marry in Obergefell v. Hodges.  Great.  Let the weddings commence, lets see couples of all kinds go and proclaim their love for each other in front of clergy or magistrate and join the institution of marriage.  

Not so fast, says Judge Roy Moore, Chief Justice of the Alabama Supreme Court.  He has consistently fought it, and has told judges in his state's lower courts not to implement the federal court ruling that overturned the state's ban on same-sex marriage that was handed down earlier this year.  So he sees the ruling that took place on Friday as an affront to the Constitution, an affront to Alabama's constitution and he promises not to uphold it, as it is not the "law of the land" like the Constitution is.  He feels it is his ethical duty and moral obligation to not start marrying same sex couples, as he feels that the Supreme Court made the unethical and immoral choice on Friday.  

So does that mean that (whether you agree with Judge Moore) he is doing what is right, and following his ethics despite it causing him some professional grief?  He has a certain moral code, based on his Christian beliefs, so why should he go against those principals?  What about the professional ethics he swore to uphold; not not only uphold the Alabama Constitution, but following the US Constitution?  The Supreme Court is in the Constitution and the Supremacy Clause makes it so Federal Law trumps State Law, so is he ignoring those ethics?

Well, he can't ignore the US Constitution, so he has to follow the laws set forth federally, even if they come from SCOTUS and he disagrees with them. States cannot ignore Federal Laws - it is illegal - so Judge Moore is acting contra to what the laws of the US are.  So he can certainly pretend that he is allowed to ignore the ruling, but he will eventually have to either fall in line, or he will have to follow his personal ethics and be escorted off the bench (though he would have a great chance of being reinstated, as happened when he ignored a higher court's ruling to take down a monument to the ten commandments he had erected on the ground of the Alabama Supreme Court).

http://www.cnn.com/2015/06/26/politics/roy-moore-conservatives-gay-marriage-alabama-react/


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