Democrats freaked out over Judge Roy Moore a long time ago, and they’re still doing it. Hillary Clinton, for example, said over the weekend that Republicans must hold Moore accountable for his “bigotry and hatred,” telling the Human Rights Campaign that everybody should line up and “condemn (his) views” on homosexuality.
The disturbing thing is Republicans are starting to do the same thing, even “conservatives” who really ought to know better.
Jennifer Rubin, who passes for what the Washington Post considers a voice of conservatism, said that if Republicans don’t oppose Roy Moore en masse, “they’re headed for extinction.” Said she, “If Republicans cannot oppose a former state Supreme Court justice ousted twice from the bench who espouses rabidly anti-Muslim views and believes homosexuality should be criminalized, the GOP is truly headed for the ash heap of history.” In her view, Moore is a “reprehensible candidate.”
Ben Sasse, a conservative senator from Nebraska whom I have always liked, took a whack at the Roy Moore piñata by declaring, “You can’t have people running for office saying that being a Muslim would be a disqualification for being in Congress.” Jeff Flake, for what that’s worth, said he will not endorse Moore. The only senators, to my knowledge, who have publicly stood by Moore are Ted Cruz and Rand Paul.
Yet a dispassionate look at the issues indicates that Moore is right about everything for which he is being lampooned. He’s right about homosexuality, he’s right about marriage, he’s right about the Ten Commandments, he’s right about Islam, and he’s right about judicial activism. And genuine conservatives should stand by him on every issue.
The Founders were unanimous in their determination that homosexual behavior should be contrary to public policy, and it was a felony offense everywhere in America until 1962. Antonin Scalia, in his scathing dissent in the Lawrence v. Texas case, pointed out that at that time (2003) sodomy was still against the law in 24 states.
There are sound medical reasons why homosexual behavior should be contrary to public policy, from the risk of contracting HIV/AIDs, to the risk of contracting a host of exotic sexually transmitted diseases, to a highly elevated risk of developing anal cancer.
So on the issue of homosexuality, you can side with God, the Bible, all the Founders, Antonin Scalia, and Roy Moore or you can kick them all to the curb. The choice for genuine conservatives is crystal clear.
Muslims in Congress
Moore is also right about the inappropriateness of Muslims serving in Congress. Islam is a totalitarian ideology, and our laws prohibit anyone who holds such an ideology (like communism) from even immigrating to America. Sharia supremacism, which devout Muslims embrace, is fundamentally contrary to virtually every constitutional principle congressmen have a sworn duty to uphold, including freedoms of religion, speech, assembly, and the press. Saying that Muslims should not be allowed to occupy seats in Congress is no different in principle than saying Communists should not.
This is not a violation of the federal prohibition against religious tests (Article VI), since that prohibition specifically has to do with Christianity. According to historian Joseph Story, the Constitution (specifically in the First Amendment) deals only with the various strains of Christianity in America. It doesn’t deal with Islam, Judaism, or atheism at all.
Judge Moore was the only state Supreme Court justice in the land who fulfilled his oath of office in the wake of the Obergefell decision. While he accepted the Obergefell ruling as it applied to the plaintiffs who were before the Supreme Court, Moore refused to accept that the ruling had any binding effect over the whole nation, just as Abraham Lincoln did with regard to the Dred Scott decision. After all, since the Constitution vests all legislative power in Congress, it is constitutionally impossible for the Supreme Court to make anything “the law of the land.”
Since Alabama was never in front of the Court, it never had the opportunity to defend its marriage amendment. Moore therefore directed state clerks to uphold Alabama’s constitution by withholding same-sex marriage licenses until the matter could be resolved. Since the federal Constitution is absolutely silent on the subject of marriage, that issue is reserved exclusively for the states under the Tenth Amendment.
In other words, Justice Moore didn’t just complain about judicial activism and Supreme Court overreach, he did something about it. Conservatives should be firmly in Moore’s corner on this one.
Moore is also right about the Ten Commandments. It is absurd in the highest imaginable degree to think that a state courthouse cannot host the Ten Commandments on its property, as Moore’s did, when the Supreme Court building itself has the Ten Commandments posted on both the outside and inside of the building. The only way to get into the Supreme Court chambers is to pass through a door with the Ten Commandments engraved on them.
When any federal court rules against the public display of the Ten Commandments, the court itself is in violation of the First Amendment since it flatly prohibits the federal government from interfering with the free exercise of religion in any way.
Thus Moore was absolutely right about the Ten Commandments. So while every conservative in the country complains about the Ten Commandments and other religious symbols being stripped from public view, only Roy Moore was willing to actually do something about it. Conservatives should applaud his principled stand for the Constitution and religious liberty rather than criticize it.
Bottom line: Conservatives, if you’re looking for someone who is determined to drain the Swamp on issues of religious liberty, social conservatism, and judicial activism, Roy Moore is your guy. Shame on any conservative who will not proudly stand with him.