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Roy Moore Tries to School President Obama on the Legality of Gay Marriage in Alabama: VIDEO

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Alabama Chief Justice Roy Moore appeared on Fox News Sunday with Chris Wallace today to discuss same-sex marriage's arrival in Alabama. While Moore spent most of the interview attempting to explain the legal underpinnings of his continued fight against marriage equality, he also had a response message for President Obama - who spoke up about the reincarnated George Wallace during a recent Buzzfeed interview.

Said Moore:

"But what this Harvard professor who is president of the United States does not understand, is that a trial court’s decision on the constitutionality of a federal question is just that — it’s an opinion. It may be law of the case before her. It is not overturning the Alabama constitution. Federal law is not made by judges."

Wallace also asked Moore whether or not he would abide by the Supreme Court should it decide this year that there is a constitutional right to same-sex marriage. 

Watch, AFTER THE JUMP...

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NOM: Ruth Bader Ginsburg Must Recuse Herself from Gay Marriage Case or Face Congressional Investigation

Ginsburg

Citing Ruth Bader Ginsburg's recent interview where she said the U.S. is more or less ready for nationwide marriage equality, National Organization for Marriage president Brian Brown is now demanding the Supreme Court justice recuse herself from the upcoming gay marriage cases or face a congressional investigation.

Via press release:

Federal law (28 US Code Sec. 455) requires federal judges to disqualify themselves "in any proceeding in which [her] impartiality might reasonably be questioned."

Brown1"Justice Ginsburg has made it crystal clear that she is going to rule in favor of redefining marriage when these cases come before her," Brown said. "We demand that she comply with federal law and disqualify herself as she is required to do. If she refuses, we will ask Congress to act."

Ginsburg's highly inappropriate media commentary is being used by advocates for same-sex marriage who also see it as a foreshadowing of her ruling. The Human Rights Campaign called her comments "taking a bold stand for progress and equality, stating that the country is ready for marriage equality." They are using her comments to recruit signers to a brief they plan to submit to the Court.

"The impartiality of judges is the very foundation of our legal system" said Brown. "When you have a situation where a judge has already decided how to rule on a pending case before it is even presented or argued, the integrity of the judicial system is called into question. This goes way beyond the issue of same-sex marriage and cuts to the heart of whether our federal judiciary can be trusted to fairly consider and adjudicate important issues. Ginsburg comments suggest they cannot."

Last month, the American Family Association called on both Ginsburg and fellow Justice Elena Kagan to recuse themselves from the gay marriage cases because both have officiated at same-sex weddings in the past. 


Ruth Bader Ginsburg: America Is Ready for Nationwide Marriage Equality - VIDEO

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In an interview Wednesday, Justice Ruth Bader Ginsburg said the U.S. is ready for nationwide marriage equality.

Bloomberg reports:

The 81-year-old justice discussed the public’s increasing acceptance of gays against the backdrop of resistance by Alabama officials to a federal court order that took effect Monday and made it the 37th gay-marriage state. With the high court set to rule on the issue by June, she said it “would not take a large adjustment” for Americans should the justices say that gay marriage is a constitutional right.

“The change in people’s attitudes on that issue has been enormous,” Ginsburg said. “In recent years, people have said, ‘This is the way I am.’ And others looked around, and we discovered it’s our next-door neighbor -- we’re very fond of them. Or it’s our child’s best friend, or even our child. I think that as more and more people came out and said that ‘this is who I am,’ the rest of us recognized that they are one of us.”

Is Ginsburg merely sharing her own viewpoint on the matter or is she perhaps tipping the Supreme Court's hand ahead of the big decision later this year?

Watch, AFTER THE JUMP...

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HRC and DOMA Lawyer Roberta Kaplan Launch 'The People's Brief' - VIDEO

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As the Supreme Court's consideration of same-sex marriage draws closer, the Human Rights Campaign (HRC) and über gay rights litigator Roberta Kaplan (who argued against DOMA on behalf of plaintiff Edie Windsor) have launched a new campaign that will allow individuals across the nation to join in on an amicus brief that will let their voices be heard by the Court. The brief, the first of its kind, has been dubbed, "The People's Brief": 

As the nine Justices prepare to hear oral arguments in four critical marriage equality cases this spring, The People’s Brief marks the first time that tens of thousands of fair-minded Americans will have the opportunity to have their voices formally heard in a civil rights case of this magnitude. Americans who are LGBT or have LGBT friends, family members, and colleagues can review the content of the brief, and affix their name to a document that will be considered by the highest court in the land.

Said Kaplan of the brief, "Modern technology allows us and allows HRC to reach so many more people than have ever been reached before."

DOMA plaintiff Edie Windsor urged people to sign the brief:

I think it's important for the Supreme Court, for the justices, to see an incredible quantity of people. Americans are fair; they know about fairness. They like justice and if everybody is signing this thing I think the justices will read that as very important.

Watch a video of Kaplan and Windsor talking about The People's Brief and the fight for marriage equality, AFTER THE JUMP...

You can read The People's Brief HERE and sign it HERE.

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Bobby Jindal Says Constitutional Amendment the Answer if SCOTUS Defies States on Gay Marriage: VIDEO

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Louisiana Governor Bobby Jindal told CNN's New Day that he's not changing his opinion ('like Obama did') on marriage based on polls:

"I'm not one of those politicians...My faith teaches me that marriage is between a man and a woman. I don't believe in discrimination against anybody. I'm not for changing the definition of marriage and that's why I hope the Supreme Court decides not to overturn what the states have decided. In Louisiana it's in our state constitution. My hope is that the Supreme Court will respect what state legislators and states have already decided."

Jindal dodged a question several times about whether he's comfortable with local judges in Alabama defying a federal court order to issue marriage licenses to gay couple, instead saying,

"If the Supreme Court were to [rule for same-sex marriage] I think the remedy would be a constitutional amendment in the Congress to tell the courts you can't overturn what the states have decided."

Watch part of the interview, AFTER THE JUMP...

Full clip HERE.

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Marriage Equality Going Nationwide This Year Is Now 'More Likely Than Ever' Says HRC

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Following the news today of the Supreme Court denying a request for an extension of the stay in the ruling striking down Alabama's ban on same-sex marriage, the Human Rights Campaign called the odds of SCOTUS issuing an anti-equality ruling later this year "virtually zero".

Via statement:

This may seem like a simple, procedural move -- one the Supreme Court has made in the past in cases ranging from Alaska to Florida. But, the Human Rights Campaign (HRC) notes, all those denials took place before the Court had agreed to take a marriage case. The decision to allow marriages to begin in Alabama means something dramatically different now that the Supreme Court oral arguments in a marriage case are just weeks away.

"By refusing to halt marriage licenses in Alabama, the Supreme Court has telegraphed that there is virtually zero risk that they will issue an anti-equality ruling this summer," said HRC Legal Director Sarah Warbelow. "Instead, the odds of a ruling bringing marriage equality to all 50 states have increased significantly."

In light of the Supreme Court's action today, marriage equality will be the law of the land in Alabama beginning on February 9th, 2015. On January 28th, the Alabama Probate Judges Association issued guidance to all parties that, "on the occasion that the stay is lifted, same sex couples may apply for marriage licenses."

HRC congratulates the countless committed and loving couples in Alabama that will soon be able to marry.

And to the couples in Texas, Louisiana, Mississippi, Georgia, Arkansas, Missouri, Nebraska, South Dakota, North Dakota, Tennessee, Kentucky, Ohio, and Michigan:

Start your wedding plans now.

Buzzfeed's Chris Geidner concurs, saying Justice Clarence Thomas ended all doubt on the matter today:

ThomasIn denying the Alabama attorney general’s request to keep a U.S. district court order that strikes down Alabama’s ban on same-sex couples’ marriages on hold while the state appeals, the Supreme Court — even as it considers marriage cases out of four other states — made it clear that the justices will not stop same-sex couples from marrying in the meantime when a judge strikes down a ban.

The cases the Supreme Court has agreed to hear — Kentucky, Michigan, Ohio, and Tennessee — come out of the one federal appeals court that said bans on marriages for same-sex couples are constitutional. [...]

Given Thomas’ dissent today, the only real question left outstanding is where Chief Justice John Roberts and Justice Samuel Alito will end up on the ultimate question. Although both dissented in the Windsor DOMA decision, neither has joined Thomas and Scalia in saying publicly that they would have granted any of the recent stay requests.

The court is expected to hear oral arguments in the cases in April, with a decision expected by late June. 

NOM meanwhile, is still grasping at straws:

Brown"A majority of the Supreme Court has cast disrepute on the impartiality of the Court by refusing to follow previous protocol and issue a stay of a lower court ruling while it is being considered by the Court," said Brian Brown, NOM's president. "The issues in play are currently under review by the Supreme Court, and allowing a lower court ruling that overturns a state marriage amendment adopted by over 80% of voters is reckless and undermines the integrity of the Court. We call on the people of Alabama to continue to enforce their state marriage laws." 

"A single federal judge does not have the authority to overturn a state marriage amendment and the people of Alabama should refuse to go along with this order," said Brown. "We commend Alabama Supreme Court Justice Ray Moore for ordering state probate judges, who are responsible for issuing marriage licenses, to enforce state law limiting marriage to one man and one woman and to refuse to issue licenses that violate state law. These probate judges have sworn an oath to the people of Alabama and they must honor their oath to the people they serve."


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