2 Supreme Court justices slam 2015 gay marriage decision

Justice Clarence Thomas suggested the Supreme Court needs to revisit the gay issue because it has “created a problem that only it can fix.”

The Supreme Court, already poised to take a significant turn to the right, opened its new term Monday with a jolt from two conservative justices who raised new criticism of the court’s embrace of gay marriage.marriage equality

The justices returned from their summer break on a somber note, following the death of Justice Ruth Bader Ginsburg, hearing arguments by phone because of the coronavirus pandemic and bracing for the possibility of post-election court challenges.

The court paused briefly to remember Ginsburg, the court’s second woman. But a statement from Justice Clarence Thomas, joined by Justice Samuel Alito, underscored conservatives’ excitement and liberals’ fears about the direction the court could take if the Senate confirms President Donald Trump’s nominee for Ginsburg’s seat, Amy Coney Barrett.

Commenting on an appeal from a former county clerk in Kentucky who objected to issuing same-sex marriage licenses, Thomas wrote that the 5-4 majority in a 2015 case had “read a right to same-sex marriage” into the Constitution, “even though that right is found nowhere in the text.” And he said that the decision “enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots.”

Thomas suggested the court needs to revisit the issue because it has “created a problem that only it can fix.” Until then, he said, the case will continue to have “ruinous consequences for religious liberty.”

The court turned away the appeal of the former clerk, Kim Davis, among hundreds of rejected cases Monday.

Chicago.sun.times.com, October 5, 2020 by Mark Sherman and Jessica Gresko

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Anthony Brown

Anthony Brown

Attorney and Advocate at Time For Families
Who am I? On the deepest level, I am blessed. I have an amazing partner, who I have known since 1989 and been married to since 2004. I am the donor dad of two beautiful daughters who have two moms who are equally amazing. My husband and I have expanded our family through surrogacy and have a seven-year old son. I have had three careers (acting, massage therapy and the law) and I am still discovering myself. I am the Board Chair of Men Having Babies. The one thing I know for sure is that life is about trusting your instincts. Family is an instinct.
Anthony Brown