A coalition of eminent legal scholars led by Princeton philosopher Robert George, and organized by the American Principles Project, issued a statement on October 9 calling for “Constitutional resistance” at every level of government to the judicial decision “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 scholars’ statement defended their call to resistance in historical and constitutional terms:

The Supreme Court is supreme in the federal judicial system. But the justices are not supreme over the other branches of government. And they are certainly not supreme over the Constitution.

In Obergefell v. Hodges, five justices, without the slightest warrant in the text, logic, structure, or historical understanding of the Constitution presumed to declare unconstitutional the marriage laws of states that maintain the historic and sound understanding of marriage as the conjugal union of husband and wife.

Obergefell is not “the law of the land.” It has no more claim to that status than Dred Scott v. Sandford had when President Abraham Lincoln condemned that pro-slavery decision as an offense against the very Constitution that the Supreme Court justices responsible for that atrocious ruling purported to be upholding,” the scholars wrote.

Consequently, they continued:

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.

The scholars issued a bold call for 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.

The scholars called on this year’s presidential candidates to pledge to

1. treat Obergefell, not as “the law of the land,” but rather (to once again quote Justice Alito) as “an abuse of judicial power”
2. refuse to recognize Obergefell as creating a binding rule controlling other cases or their own conduct as President
3. appoint judges and justices who respect the constitutional limits of their power, and
4. support the First Amendment Defense Act to protect the conscience and free speech rights of those who hold fast to the conjugal understanding of marriage as the union of husband and wife.

In support of these efforts to defend Constitutional principles and religious liberty, Professor George joined political consultant Frank Cannon to announce the formation of a new activist campaign for life, marriage, and religious liberty, to be led by Professor George, the Campaign for American Principles. George called the group “something new: a broad army of citizens from all religions and all walks of life willing to stand up to protect our core Constitutional principles — including respect for life, marriage and religious liberty.”

Frank Cannon agreed: “The Campaign for American Principles gives social conservatives something we’ve never had before: our own Super PAC. The Campaign for American Principles aims to prove to liberals in this election cycle that their increasingly aggressive anti-religious stances can and will cost them the White House.” Cannon’s political resume includes working for numerous social conservative candidates and organizations.

Sean Fieler, whom Politico named last year as an “emerging mid-tier” social conservative mega-donor, is Chairman of CAP’s board. Business Insider also recognized Fieler as one of the top 16 political donors of Wall Street earlier this year.

Here is the full text of the scholars’ statement, and a list of eminent signatories. Here is their call to action and online petition in support of natural marriage and religious liberty.