Brian Brown, president of the anti-gay National Organization for Marriage, passionately defended Alabama Supreme Court chief justice Roy Moore's recent administrative order barring state judges from issuing same-sex marriage licenses. Moore's move is an effort to circumvent the landmark U.S. Supreme Court ruling in Obergefell v. Hodges in June 2015, which made marriage equality the law of the land.
Brown argued that state governments shouldn't "kowtow" to the federal government in cases like Obergefell, which he said "goes against all logic."
"Kowtow?" Kelly cut in. "The Supreme Court has the final say on what the law is. That was established long ago in Marbury v. Madison."
Watch the "Kelly File" clip above.
"Aren't we going to have chaos now if states are individually able to decide which Supreme Court decisions they are going to comply with and which they're not?" Kelly continued.
"Well, I think you're misreading Marbury v. Madison," Brown responded.
Kelly's reaction to the mansplaining says it all.
Brown tried to make the point that states shouldn't have to obey the court's interpretation of the law because it has made "horrible" and unconstitutional decisions in the past.
Kelly quickly shot down his argument.
"There's a procedure for that. You go back to the legislature and you ask them to pass a law," she said.
Brown went on to argue that "there has to be resistance" against unconstitutional Supreme Court decisions, or else "you don't have democracy anymore."
"Interesting take on it," Kelly said diplomatically, and ended the segment.
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