Supreme Court Justices Criticize Same-Sex Marriage Ruling
In a court statement released on Monday, October 5, Supreme Court justices Clarence Thomas and Samuel Alito criticized the religious liberty implications of Obergefell v. Hodges, the 2015 ruling declaring same-sex marriage legal, thus granting the right to marriage for gay and lesbian people across the country.
The statement was released in the context of a universal ruling not to hear the appeal of Kim Davis, a Kentucky public official who refused to issue marriage licenses to gay and lesbian couples. Although jailed briefly, she appealed the decision to the Supreme Court under the premise of qualified immunity. While Justices Alito and Thomas supported the decision to refuse this appeal, they criticized the reasoning behind the Obergefell ruling in general.
In the statement, Thomas wrote, “It would be one thing if recognition for same-sex marriage had been debated and adopted through the democratic process… But it is quite another when the court forces that choice upon society through its creation of atextual constitutional rights and its ungenerous interpretation of the Free Exercise Clause, leaving those with religious objections in the lurch.”
While there was no direct mention of revisiting or overturning the Obergefell case, this statement raised concern over the future of the Supreme Court and LGBTQ+ rights. This is furthered by the nomination to the Supreme Court of Amy Coney Barrett, a conservative who compares her judicial philosophy to that of former Justice Antonin Scalia, one of the dissenters in the Obergefell case.
Chase Strangio, an activist and attorney, stated on Twitter, “I think we can expect states to pass laws that will be direct challenges to Obergefell in 2021 sessions.” Furthermore, according to Time Magazine, “Alphonso David, president of the Human Rights Campaign, said in a statement that Thomas and Alito had ‘renewed their war on LGBTQ rights and marriage equality’ as the direction of the court ‘hangs in the balance.’”
Public support for gay marriage is currently at a record high. According to Gallup polls, 67 percent of Americans polled believe that marriage between same-sex couples should be legally valid. Other conservative justices similarly voted in favor of LGBTQ+ rights recently; for example, Justice Gorsuch wrote in June that the Civil Rights Act of 1964 protects against workplace discimination.
Still, worries of the refused protection of LGBTQ+ rights in areas other than marriage prevail.. In the near future, the court plans to release a ruling on Fulton v. City of Philadelphia, which, according to NBC News, is “a case involving whether private child welfare agencies that receive taxpayer money can refuse to work with same-sex couples.” This ruling will likely provide insight into how the new conservative court plans to approach the conflict between LGBTQ+ rights and religious liberties.