This position statement from the American Principles Project proposes a four-part strategy to regard the Supreme Court’s Obergefell decision not as a matter of settled law (cf. Dred Scott, Roe, etc.). Joined by 60 scholars from several disciplines, the statement says, “To treat as ‘settled’ and ‘the law of the land’ the decision of five Supreme Court justices who, by their own admission, can find no warrant for their ruling in the text, logic, structure, or original understanding of the Constitution, would indeed be to resign our government into the hands of that eminent tribunal.” Students and others can examine this proposal for its pros and cons as part of a possible larger two-kingdoms strategy and whether that strategy includes or excludes SSM.
