Supreme Court Justices Say 2015 Same-Sex Marriage Decision Having ‘Ruinous Consequences’
Justices Clarence Thomas and Samuel Alito said Monday that Obergefell v. Hodges, the Supreme Court case that mandated all states recognize same-sex marriages, is “found nowhere in the text” of the Constitution and threatens “the religious liberty of the many Americans who believe that marriage is a sacred institution between one man and one woman.”
The statement was written by Thomas and joined by Alito about the case of Kim Davis, a former Kentucky county clerk who said she would not give same-sex couples marriage licenses. The two justices said they agreed with the consensus of the court that it should not take Davis’ case, but only because it did not “cleanly present” the “important questions about the scope of our decision in Obergefell.”
Thomas and Alito dissented from the original Obergefell decision and their statement Monday could indicate that they would vote to overturn it if presented the chance.
“[T]his petition provides a stark reminder of the consequences of Obergefell. By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the court has created a problem that only it can fix,” Thomas wrote. “Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.'”
Obergefell was decided in 2015 by a 5-4 court, with then-Justice Anthony Kennedy writing the majority opinion joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan and Stephen Breyer. (Read more from “Supreme Court Justices Say Same-Sex Marriage Decision Having ‘Ruinous Consequences'” HERE)
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