U.S. Associate Justices Clarence Thomas
and Samuel Alito on Monday released a statement criticizing
Obergefell, the 2015 Supreme Court ruling that found gay and
lesbian couples have a constitutional right to marry.
The voluntary statement came in
response to the court's denial to review a case involving Kim Davis,
the former Kentucky county clerk who in response to Obergefell
refused to issue marriage licenses, saying that she had religious
objections to same-sex marriage.
The statement was written by Thomas and
co-signed by Alito.
Thomas wrote that Davis' case “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.’”
“It would be one thing if recognition
for same-sex marriage had been debated and adopted through the
democratic process, with the people deciding not to provide statutory
protections for religious liberty under state law,” Thomas said.
“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.”
The Human Rights Campaign (HRC), the
nation's largest LGBT rights advocate, said that Thomas and Alito had
“renewed their war on LGBTQ rights and marriage equality,” adding
that they could “water down” marriage equality with the addition
of Amy Coney Barrett, President Donald Trump's conservative nominee
to fill the court's vacancy created by the recent death of Justice
Ruth Bader Ginsberg, who played a pivotal role in LGBT rights cases
before the court.
“This morning, Justices Thomas and
Alito renewed their war on LGBTQ rights and marriage equality, as the
court hangs in the balance,” HRC President Alphonso David said in a
statement. “The language related to this denial of certiorari
proves yet again that a segment of the Court views LGBTQ rights as
‘ruinous’ and remains dead set against protecting and preserving
the rights of LGBTQ peoples. Joined by a potential new far-right
anti-equality extremist Amy Coney Barrett, the Court could
significantly water down what marriage equality means for LGBTQ
couples across the nation.”
LGBT law group Lambda Legal said in a
statement that “the nightmare of a hostile Supreme Court majority
is already here.”
“The confirmation hearings for Judge
Amy Coney Barrett haven't even started yet and Justices Thomas and
Alito are already creating a laundry list of cases they want to
overturn,” Lambda Legal CEO Kevin Jennings said. “And
unsurprisingly, marriage equality is first on the chopping block.
Confirming Judge Barrett would be the final puzzle piece they need in
order to make it happen.”