Call it the Dred Scotting of religious liberty.
Writing gay marriage into the Constitution as once there was a Supreme Court decision that attempted to write slavery into the Constitution. Make no mistake. Whatever else the five lawyers in black robes thought they were doing with their ruling on gay marriage, they have opened the door — many think the door was already open — for a full-blown assault on religious liberty.
Who better to look to for a response to the Obergefell v. Hodges decision than the man who earned his marble statue on the Washington Mall by opposing the idea that the Dred Scott decision should be regarded as “settled law”?
Substitute the Supreme Court’s ruling on gay marriage — which many Americans see as yet another assault on religious liberty — with the hotly controversial issue of the Court’s 1857 Dred Scott decision on slavery. Or the Court’s 1819 decision in McCulloch v. Maryland. The latter decision declared the Bank of the United States to be constitutional, the former was a deliberate attempt by Democrats on the bench to make slavery constitutional.