Clarence Thomas Signals Willingness to Overturn Obergefell v. Hodges


Justices Clarence Thomas and Samuel Alito have issued a sharp rebuke of the Obergefell v. Hodges decision. Is this a signal of what court with Amy Coney Barrett might do?

Much attention has been devoted to the potential role a Justice Amy Coney Barrett might play in overturning Roe v. Wade and ending the nationwide legalization of abortion. Now current Justice Clarence Thomas is also raising the possibility of overturning Obergefell v. Hodges and returning the legalization of gay marriage to the states.

The Supreme Court was unanimous in its decision not to hear former Rowan County Clerk Kim Davis’ appeal of a lower court ruling that allowed lawsuits against her to proceed. These lawsuits revolve around Davis’ refusal to grant marriage licenses to homosexual couples in 2015, as Kentucky law at the time required her to issue such licenses in her own name. Davis refused on religious objections, eventually serving five days in jail.
Commentary:
Thomas and Alito are out of control! Unlike abortion which has always been a highly emotional issue, the issue of same sex marriage has largely been forgotten. Gay folks are getting married and most people do not even notice. They are productive and responsible members of the community. They maintain homes and are parents to children. They have jobs and pay taxes. The reality of same sex marriage harms no one.

One the brighter side, Thomas has a problem. Who is going to bring a case to SCOTUS who has standing before the court-that is, someone who can legitimately claim that they were personally harmed by same sex marriage?

Sure, you have those bakers, photographers, and wedding planners who have been sued for refusing services to gay couples. However, they were harmed by the fact that there are laws against discrimination and denial of access to public accommodations. In addition, these same people would undoubtedly refused services and accommodations to same sex couples who wanted to celebrate a civil union, or just their commitment to each other. So the issue is not marriage itself.
 
One the brighter side, Thomas has a problem. Who is going to bring a case to SCOTUS who has standing before the court-that is, someone who can legitimately claim that they were personally harmed by same sex marriage?
What will happen is Red States will pass laws making Marriage between a man and a woman

Gays will sue based on Oberfell and the court will reverse itself
 




Commentary:
Thomas and Alito are out of control! Unlike abortion which has always been a highly emotional issue, the issue of same sex marriage has largely been forgotten. Gay folks are getting married and most people do not even notice. They are productive and responsible members of the community. They maintain homes and are parents to children. They have jobs and pay taxes. The reality of same sex marriage harms no one.

One the brighter side, Thomas has a problem. Who is going to bring a case to SCOTUS who has standing before the court-that is, someone who can legitimately claim that they were personally harmed by same sex marriage?

Sure, you have those bakers, photographers, and wedding planners who have been sued for refusing services to gay couples. However, they were harmed by the fact that there are laws against discrimination and denial of access to public accommodations. In addition, these same people would undoubtedly refused services and accommodations to same sex couples who wanted to celebrate a civil union, or just their commitment to each other. So the issue is not marriage itself.
Propaganda and fear mongering. What else you got? Gay marriage is safe.
 

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