Just wondering -- is anyone circulating a call for scholars to support the fundamental right of same-sex couples to marry as affirmed by the Court in Obergefell and the principles of personal liberty and autonomy and human dignity on which the decision is based?
________________________________ From: religionlaw-boun...@lists.ucla.edu <religionlaw-boun...@lists.ucla.edu> on behalf of Marty Lederman <lederman.ma...@gmail.com> Sent: Friday, October 9, 2015 12:29 PM To: conlawp...@lists.ucla.edu; Law & Religion issues for Law Academics Subject: "Call for Constitutional Resistance" FYI: https://americanprinciplesproject.org/founding-principles/statement-calling-for-constitutional-resistance-to-obergefell-v-hodges%E2%80%AF/ [https://americanprinciplesproject.org/wp-content/uploads/4249886990_59702a0b25_o.jpg]<https://americanprinciplesproject.org/founding-principles/statement-calling-for-constitutional-resistance-to-obergefell-v-hodges%E2%80%AF/> Statement Calling for Constitutional Resistance to Obergefell v. Hodges? | American Principles Project We are scholars and informed citizens deeply concerned by the edict of the Supreme Court of the United States in Obergefell v. Hodges wherein the Court decreed, by the narrowest of margins, that every state in the country must redefine marriage to include same-sex relationships.?? The Court's majority opinion eschewed reliance on the text, logic, ... Read more...<https://americanprinciplesproject.org/founding-principles/statement-calling-for-constitutional-resistance-to-obergefell-v-hodges%E2%80%AF/> 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 evident in Obergefell. And in a companion "call to action" (https://campaignforamericanprinciples.com/scholars-statement/), Robbie George solicits scholars' signatures to "call on all who aspire to be our next President to pledge to treat Obergefell, not as 'the law of the land,' but rather (to once again quote Justice Alito) as 'an abuse of judicial power,'" and to "refuse to recognize Obergefell as creating a binding rule controlling other cases or their own conduct as President." Does anyone recall any remotely similar initiative by legal scholars in the past half-century or so? Predictions on how many, if any, presidential candidates will make the pledge?
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