Fox News host Megyn Kelly — who worked as an attorney before starting a career in journalism — had an eye-roll response to an anti-gay activist on her Fox News show, The Kelly File, Wednesday night.
Brian Brown, president of the National Organization for Marriage, was arguing on behalf of judges like Alabama Chief Justice Roy Moore, who on Wednesday ordered state probate judges to stop issuing same-sex marriage licenses.
When Brown argued that state governments shouldn’t “kowtow to the Court or else we don’t have a democracy anymore,” Kelly broke in to explain how the system works.
“Kowtow? The Supreme Court has the final say on what the law is, that was established long ago in Marbury versus Madison,” she said.
Kelly then pressed Brown, asking if we’re going to have chaos if state officials start arbitrarily flouting Supreme Court decisions they don’t agree with. She then pointed out that the procedure for challenging Supreme Court decisions involves going through the legislature, as opposed to ignoring the Court’s ruling.
Brown then defended anti-gay activists by comparing their actions to opposition to slavery and the Dred Scott ruling of 1857. He did not mention that ruling’s role as a catalyst for the Civil War.
Watch the exchange, as posted to YouTube, here: