In an interview on Tuesday evening sure to upset the conservative grassroots, Florida Governor Rick Scott said that the Republican Party needs to de-emphasize its opposition to the LGBT agenda.
“We need to figure out how to come together as a country and include the Republican Party,” Scott said. “We all need to come together,” adding, “It’s the law of the land.”
There are deep constitutional problems with Scott’s response.
Princeton professor and conservative intellectual Robert George has argued several times that surrendering to activist judges on cases like Roe v. Wade or Obergefell v. Hodges undermines constitutional government as understood by statesmen like the Founders and Abraham Lincoln.
In one article, George quoted Lincoln, who said “The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments coequal and co-sovereign within themselves.”
The Supreme Court, like any other branch of government, can act unconstitutionally. Nine unelected elites in black robes sitting in a grand building have no greater legitimacy than the states or the Congress or the President.
When Governor Scott, or other Republican politicians who would rather ditch same-sex marriage as an issue, acknowledge Obergefell as the “law of the land,” they enable further disruption of the constitutional order the Founders so wisely designed.
The problems with Governor Scott’s position on Obergefell do not stop with there, however. Continue Reading