Friday, October 16, 2015

American Principles project and Obergefell

The American Principles Project  has published a Statement regarding the recent Supreme Court Decision Obergefell.  It is signed by a number of noted individuals from a wide range of Universities and Law Schools. 

After noting four (4) clear results of Obergefell that stand out, they say:

Any decision that brings about such evils would be questionable. One lacking anything remotely resembling a warrant in the text, logic, structure, or original understanding of the Constitution must be judged anti-constitutional and illegitimate. Obergefell should be declared to be such, and treated as such, by the other branches of government and by citizens of the United States.

That is a very sharp statement.  They then cite Madison and Lincoln, and declare that Obergefell cannot be taken to have settled the law of the United States.
They then call upon office holders to refuse to accept it as binding precedent, and other specific legal actions.




They close by writing:
The proper understanding and definition of marriage is self-evidently a vital question affecting the whole people. To treat as “settled” and “the law of the land” the decision of five Supreme Court justices who, by their own admission, can find no warrant for their ruling in the text, logic, structure, or original understanding of the Constitution, would indeed be to resign our government into the hands of that eminent tribunal. That is something that no citizen or statesman who wishes to sustain the great experiment in ordered liberty bequeathed to us by our Founding Fathers should be willing to do. 
The Statement makes excellent points, and you should read the entire Statement.

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