Two Supreme Court justices say marriage equality decision should be overturned

Supreme Court of the United States ends marriage discrimination – Obergefell vs Hodges
Photo: Wikimedia Commons

Justice Clarence Thomas issued an opinion today that repeatedly attacked the 2015 Supreme Court decision in Obergefell v. Hodges – which legalized marriage equality in all 50 states – as unconstitutional because it “bypassed” the “democratic process” and cause people “with sincerely held religious beliefs concerning marriage” to “find it increasingly difficult to participate in society.”

“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,” wrote Thomas, who was joined by Justice Samuel Alito. “Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.’”

Related: Kim Davis may have to pay thousands to the couples she wouldn’t give a marriage license

Thomas made the statements about Obergefell while denying a petition from Kim Davis, the Kentucky county clerk who refused to issue marriage licenses to same-sex couples, citing her Christian beliefs. She has been involved in litigation ever since and asked the Supreme Court this year to overturn an appeals court decision that held her liable for violating people’s rights as an elected official.

The Supreme Court refused to hear the case. Thomas and Alito agreed with the Court because Davis’s case “does not cleanly present” a chance to overturn Obergefell, but they explained exactly why they think the landmark marriage equality decision is unconstitutional.

Thomas called Davis a…

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