In an interview with WorldNetDaily today, Eagle Forum founder Phyllis Schlafly compared the Supreme Court’s decision in U.S. v Windsor to the infamous Dred Scott case, arguing that the landmark marriage equality decision should not be used as legal precedent.
Attacking President Obama for his “dictatorial attitude” and “judges who think they can do anything they want,” Schlafly urged Americans to simply ignore the legal precedent set by gay rights decisions. Schlafly recalled how Republicans in the 1850s argued that the Dred Scott decision shouldn’t set a binding legal precedent. “We should reject some of these laws that try to write into the Constitution gay marriage, which is not a constitutional right,” she said.
Unfortunately for Schlafly, courts across the country are already using Windsor as precedent for striking down anti-equality laws.
Well, I’m not really a predictor, but I think the American people have got to stop this dictatorial attitude of Obama, who thinks he can do anything by executive order and the judges who think they can do anything they want by calling it a ‘living Constitution.’
Remember Abraham Lincoln, when the courts handed down probably the worst decision in history, the Dred Scott case. And Lincoln was very good, he said, well, okay, we have to accept what the court did for poor old Dred Scott but we don’t have to accept it as the law of the land, we don’t have to accept it as binding in other cases, or else we will be subservient to ‘that imperial judiciary.’ He just rejected it. And we should reject some of these laws that try to write into the Constitution gay marriage, which is not a constitutional right.
