This summer, U.S. Justice Foundation sponsored a series of articles by experts in the field in a series called “Building the Resistance to Same-Sex Marriage.” One of those articles has now been used by Justice Jess H. Dickinson, Presiding Justice of the Supreme Court of Mississippi, in a Court opinion.
Specifically, the article appeared in Justice Dickinson’s Separate Written Statement Objecting to a Court order related to a same-sex married couple. In support of his view that the Mississippi court should not defer to the State’s Attorney General’s capitulation to the U.S. Supreme Court’s Obergefell decision, Justice Dickinson quoted from the article commissioned by U.S. Justice Foundation:
“And, according to an article co-authored by Herbert W. Titus, who taught constitutional law for more than a quarter of a century and concluded his academic career as
the Founding Dean of Regent Law School:
‘There is simply no other way to say it.
‘The Supreme Court’s decision today redefining marriage to include couples of the same sex is wholly illegitimate and unlawful. A nullity. Worthy only to be disobeyed.
‘Anyone who says otherwise—that the rule of law requires recognition of same-sex marriage—is committing a fraud. And any State official—like Governor Robert Bentley of Alabama—who says that his oath of office requires unconditional obedience to the Supreme Court’s mandate to issue same-sex couples licenses to marry is mistaking his oath to the Constitution as if it were an oath of absolute obedience to five justices who happen to be sitting on the nation’s highest court.’ ” [Footnote: Herbert W. Titus & William J. Olson, Obergefell v. Hodges: Illegitimate, Unlawful, and a Fraud on the American People, Western Journalism, June 26, 2015 (last visited Nov. 3, 2015).
The quotation appears on page 12 of the Court’s Order. Link to Court Order and Statement