That ALL states MUST recognize same-sex MARRIAGES is found NO WHERE in the U.S. Constitution, & such a forced mandate on Religious persons and institutions poses a threat to religious freedom!
"Justices Clarence Thomas and Samuel Alito said Monday that Obergefell v. Hodges, the Supreme Court case that mandated all states recognize same-sex marriages, is "found nowhere in the text" of the Constitution and threatens "the religious liberty of the many Americans who believe that marriage is a sacred institution between one man and one woman."
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The statement was written by Thomas and joined by Alito about the case of Kim Davis, a former Kentucky county clerk who said she would not give same-sex couples marriage licenses. The two justices said they agreed with the consensus of the court that it should not take Davis' case, but only because it did not "cleanly present" the "important questions about the scope of our decision in Obergefell."
Thomas and Alito dissented from the original Obergefell decision and their statement Monday could indicate that they would vote to overturn it if presented the chance."
"Obergefell enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots, making their religious liberty concerns that much easier to dismiss," he wrote. "In other words, Obergefell was read to suggest that being a public official with traditional Christian values was legally tantamount to invidious discrimination toward homosexuals."
Just because you have a deep RELIGIOUS conviction regarding marriage being between a man and a woman and does not include same-sex marriages does NOT make one a Bigot or Homophobe and protects that religious belief / conviction.
Thomas added: "This assessment flows directly from Obergefell’s language, which characterized such views as 'disparag[ing]' homosexuals and 'diminish[ing] their personhood' through '[d]ignitary wounds.'"
The statement was written by Thomas and joined by Alito about the case of Kim Davis, a former Kentucky county clerk who said she would not give same-sex couples marriage licenses.
www.foxnews.com
Originally the Bill of Rights spelled out that Congress shall not make laws either Establishing Religion or Prohibiting religious free exercise.
Then the 14th Amendment extended equal protections of individuals to State Govt.
Most recently the Civil Rights Act then extended this to Public Institutions, which could not deny equal rights on the basis of creed, race, gender etc.
It is generally agreed that nobody can be banned from marriage as a personal choice of activity, so the govt cannot Prohibit persons from marrying or having weddings according to their beliefs.
But no govt can establish beliefs either, and can only conduct policies based on what the public consents to.
Now that same sex weddings have been added to the conditions for the state to be involved in marriages, if the public does NOT agree to the same terms then this becomes a spiritual or religious difference in beliefs the state cannot mandate.
States that can resolve this issue can continue to be involved in marriages.
If not, then States/Govt cannot take one side's bias over the other, but may need to revert to secular neutral terms such as civil unions or domestic partnerships that are only about the legal agreements concerning property, custody, or other shared authority legally and financially.
The social relationship is not anything the govt can recognize, establish, endorse, regulate or either legalize/illegalize.
The partnership contract that govt recognizes should only be about the legal/financial relationship.