Roy Moore thinks that Obergefell only applied to the sixth circuit states that were being sued in the case-Michigan, Ohio, and Kentucky. If he'd read two pages into the ruling, Moore would have found this:
The Fourteenth Amendment requires States to recognize same-sex marriages validly performed out of State. Since same-sex couples may now exercise the fundamental right to marry in all States, there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.
Roy Moore is a perfect example of what's so dangerous about Antonin Scalia and Clarence Thomas: none of them consider the Constitution in their rulings and simply write decisions based on their own ideology. Hopefully he'll be removed from the bench yet again, just like he was after the Ten Commandments debacle, and same-sex couples in Alabama will be able to sleep at night without having to worry about a senile, evil old man screwing with the legal status of their marriages.
Oof. You can say a lot about Thomas and Scalia, but accusing them of not considering the Constitution? That's crazy talk. Moore certainly has shown a willingness to put ideology over everything, but the Justices have not. Scalia is too concerned with
stare decisis and his texualism and Thomas is too much of a originalist purist to make the kind of leaps in logic Moore is doing to get a good political result. You can find lots of decisions where both Justices go against the other conservatives because of how they interpret the Constitution; I bet you'd be hard pressed to find one unconservative ruling by Moore. Don't lump them in with this rogue.
