Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, October 15, 2020

Thomas And Alito Blast Same-sex Marriage Decision As SCOTUS Declines Kentucky Clerk's Case

From the ABA Journal:

U.S. Supreme Court Justices Clarence Thomas and Samuel A. Alito Jr. on Monday blasted the high court’s 2015 decision finding a constitutional right to same-sex marriage for its “cavalier treatment" of religious objections to such unions.

“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 in a statement joined by Alito.

The justices criticized Obergefell v. Hodges while agreeing with the Supreme Court’s Monday decision not to hear the case of former Kentucky clerk Kim Davis, who was briefly jailed for contempt after refusing to issue same-sex marriage licenses.

Read more here.

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