Two conservative U.S. Supreme Court Justices, Clarence Thomas and Samuel Alito, issued a joint statement on Monday noting the dangerous effect of the 2015 Obergefell v. Hodges ruling that legalized gay marriage nationwide but marginalized those with Christian values, Fox News reported.
On Monday, after returning from a recess to honor the late Justice Ginsburg, the Supreme Court rejected an appeal by Kim Davis, a former Kentucky County clerk who refused to marry two people of the same sex on religious grounds and was later sued. However, the two conservative judges used Davis’s petition to dissent from the original ruling that would force her to marry this homosexual couple.
Thomas said that the order that all states must recognize same-sex marriage “is found nowhere in the Constitution” and that it threatens “the religious liberty of the many Americans who believe that marriage is a sacred institution between one man and one woman.”
“This 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.”
The Obergefell v. Hodges decision in 2015 was a 5-4 vote when the court had a majority of liberal judges. Since the ruling, all states are required to marry people of the same sex.
Davis, explained Thomas, was forced to choose between her beliefs and her work and “ When she chose to follow her faith, and without any statutory protection of her religious beliefs, she was sued almost immediately for violating the constitutional rights of same-sex couples.”
Thomas ‘s argument is that Obergefell’s ruling “enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots. In other words, he suggests that a public employee with traditional Christian values is legally a person who unjustly discriminates against homosexuals, thus creating a repressive environment toward people’s faith.
Senate Judiciary Committee Chairman Lindsey Graham announced on Monday, Oct. 5, that the confirmation process for Judge Amy Coney Barrett, who was nominated by President Trump to replace the late Ginsburg on the Supreme Court, will begin next week.
With the 6-3 majority of conservative justices on the Supreme Court, it is expected that some of these controversial rulings, such as those favoring gay marriage or abortion, will be reviewed and perhaps reversed, with the traditional values of justice prevailing, the same values that have guided the great nation of the United States since its inception.