Best selling author and conservative activist Phyllis Schlafly (AP)
Note: This article was first published on July 31, 2015. Phyllis Schlafly passed away on Sept. 5, 2016.
Long-time conservative activist, best selling author, and syndicated columnist Phyllis Schlafly said the 5 (of 9) judges on the Supreme Court who voted for homosexual marriage “made it up” because there is nothing in the Constitution about such arrangements, and added that Americans, like Abraham Lincoln, should treat the ruling like the Dred Scott case: don’t accept it or obey it.
“That’s right, there's nothing in the Constitution about homosexual marriage,” said Schlafly during a July 29 interview on PIJN News, hosted by Gordon Klingenschmit.
“The judges made it up,” she said, “and some people think that because they did, and the Supreme Court has spoken, therefore we have to accept it. We don't.”
“We ought to treat it like Abe Lincoln treated the infamous Dred Scott Case, when he said, okay, we have to accept what the court did to poor, old Dred Scott – said he had to be a slave – but we don’t have to accept that as the rule of the land,” said Schlafly.
“Because we live in a free country and we know that that decision [gay marriage] will someday be overruled,” she continued, “and we don’t have to obey just because a few judges said so.”
When asked by host Gordon Klingenschmitt about civil disobedience against homosexual marriage, Schlafly suggeseted it is a possibility.
"We just don't believe in accepting what some judge says is the new law,” she said. “That’s just not the kind of country we live in. Remember, the Constitution starts with 'we the people.’”
“And so, what we need to do is say just because the Supreme Court has handed down a decision, we'll re-evaluate it and we'll decide whether we want to overturn it or not,” said Schlafly.
In the notorious 1857 case Dred Scott v. Sandford, the Supreme Court ruled 7-2 against Scott, an African American, who had sued for his freedom because he had lived with his wife and children for four years in Illinois and the Wisconsin Territory, where slavery was illegal.
Scott had been born into slavery in 1799 in Virginia; he was later sold as a slave to a man in Missouri. The Supreme Court, headed by Chief Justice Roger Taney, ruled that Scott was not a citizen of the United States and therefore had no legal grounds to sue.
In June 1857, in a speech about the court’s decision, Abraham Lincoln said, “But we think the Dred Scott decision is erroneous. We know the court that made it, has often over-ruled its own decisions, and we shall do what we can to have it to over-rule this.”
Phyllis Schlafly has been a prominent figure in the conservative movement in America since the 1960s and is the founder and president of Eagle Forum. She holds a J.D. from Washington University Law School and a Master’s in Political Science from Harvard University. She is the author or editor of 20 books, including the best seller A Choice Not an Echo.