Professor George Dent, of the Case Western Reserve University School of Law, weighs in on Obergefell and the problem of judicial supremacy. Writing at Cleveland.com, Prof. Dent states:
In Obergefell v. Hodges, the Supreme Court created a right to legal recognition of same-sex marriages. Some politicians, like Ohio Gov. John Kasich, say this decision ends the national debate. Others, like former Arkansas Gov. Mike Huckabee, say the decision is not conclusive. Who is right?
Consider: Can the Supreme Court do anything it wants? Clearly it cannot. Its decisions deserve a presumption of validity, but the court has authority only to interpret the Constitution, not to impose whatever rules five justices want. Lawmakers swear to uphold the Constitution, not to obey the Supreme Court.