A doctrinal question concerning the full statement: One of the "grave" consequences the statement says can be "predicted with confidence" as a result of *Obergefell* is that individuals and organizations who do not accept same-sex marriage will be "denied constitutional rights in order to pressure them to conform to the new orthodoxy."
Are the "constitutional rights" referenced in this line free exercise exemption rights? In other words, is one premise of the statement that *Smith* was incorrectly decided? Or is the statement referencing some other constitutional right? - Jim On Fri, Oct 9, 2015 at 12:29 PM, Marty Lederman <lederman.ma...@gmail.com> wrote: > FYI: > > > 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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