Dozens of top legal scholars from the likes of Washington & Lee, Boston College, Kansas State, Notre Dame, University of Texas, Villanova, Vanderbilt, Hillsdale, University of Nebraska, Catholic University and Regent University have issued a statement encouraging all state and federal officials to treat the Supreme Court’s recent creation of “same-sex marriage” as “anti-constitutional and illegitimate.”
“It cannot … be taken to have settled the law of the United States,” said the statement by the American Principles Project.
“We call on all federal and state officeholders: To refuse to accept Obergefell as binding precedent for all but the specific plaintiffs in that case. To recognize the authority of states to define marriage, and the right of federal and state officeholders to act in accordance with those definitions. To pledge full and mutual legal and political assistance to anyone who refuses to follow Obergefell for constitutionally protected reasons. To open forthwith a broad and honest conversation on the means by which Americans may constitutionally resist and overturn the judicial usurpations evidence in Obergefell.”
Robert George, founder of the project and the McCormick Professor of Jurisprudence at Princeton, said: “We stand with James Madison and Abraham Lincoln in recognizing that the Constitution is not whatever a majority of Supreme Court justices say it is. We remind all officeholders in the United States that they are pledged to uphold the Constitution of the United States, not the will of five members of the Supreme Court.”
Curious about who’s responsible for the sabotage of the American family? Get “Takedown,” by Paul Kengor, for the details.
They emphasize that what they want is not extreme. Nor is it, they write, “disrespectful of the rule of law.”
They quote from Lincoln’s first inaugural address, in which he explained that depending solely on the Supreme Court as a final arbiter would mean that “people will have ceased to be their own rulers.”
In the marriage case, the lawyers explain, the five justices who joined to create “same-sex marriage,” “by their own admission, can find no warrant for their ruling in the text, logic, structure or original understanding of the Constitution.”
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