On January 6, Alabama Chief Justice Roy Moore issued an administrative order instructing probate judges not to give marriage licenses to same-sex couples. Unlike those who worship or grovel at the feet of Obergefell, Moore notes that such licenses violate an amendment to the Alabama Constitution, adopted by 81% of the state’s voters in a 2006 referendum, and SCOTUS can’t change the order of the universe on a whim.

Moore can’t do that, sputters Rep. Patricia Todd, state director of the Human Rights Campaign. Gay marriage is “settled law.” When leftists say something is settled law (or “the law of the land”), it means the courts have given them exactly what they want, and now the process is over – permanently and for all time. Dred Scott was settled law in 1857. Plessy v. Ferguson was settled law in 1896. Thankfully, neither is now.

In its 1971 decision (Baker v. Nelson), by dismissing an appeal, SCOTUS upheld a decision of the Minnesota Supreme Court that the state’s law restricting marriage to a man and a woman was constitutional. (Was Baker settled law?) In Obergefell v. Hodges, decided last June, the court’s cultural Jacobins held that same-sex marriage was a right under the 14th Amendment’s equal protection clause. Other than the ideology that guides the judiciary, what changed in the intervening years? Does judicial mumbo-jumbo transform the intent of those who ratified it 135 years ago?

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We could get the Constitution back one day. Electing someone like Ted Cruz would be a start. But even that is no assurance. We’ll need to raise up a generation — like the one that produced the Constitution — to rise to rebellion and overthrow a judicial tyranny supported by the political elite.