“We face the prospect of yet another Dred Scott-type decision—this time on the question of marriage. I say that, not because same-sex relationships are the moral equivalent of slavery – they are not – but because five justices seem to be signaling that they will once again legislate from the bench by imposing, without constitutional warrant, their own beliefs about the nature and proper definition of marriage on the entire country.
“If that happens, the Republican Party, the Republican Congress, and a future Republican President should regard and treat the decision just as the Republican Party, the Republican Congress, and the Republican President—Abraham Lincoln—regarded and treated the Dred Scott decision. They should, in other words, treat it as an anti-constitutional and illegitimate ruling in which the judiciary has attempted to usurp the authority of the people and their elected representatives.
“They should refuse to treat and regard it as a binding and settled matter. They should challenge it legislatively and give the Supreme Court every opportunity to reverse itself—especially as new justices fill vacancies. And they should work to fill vacancies on federal courts at all levels with jurists who reject judicial usurpation and can be counted on to respect the scope and limits of their own constitutionally specified authority.” – NOM co-founder Robert George, writing for First Things.