SCOTUS won’t hear Kim Davis same-sex marriage case, but Thomas, Alito slam Obergefell ruling again

SCOTUS won’t hear Kim Davis same-sex marriage case, but Thomas, Alito slam Obergefell ruling again
U.S. Supreme Court (Image: YouTube screen grab)

[Ed. – The two justices concur in the court ruling that the case isn’t framed “cleanly” around an issue the Supreme Court can take up regarding the original Obergefell decision. But their reiteration of how bad the Obergefell decision was is a signal that a better-framed case could get a better hearing for the underlying constitutional concern.  Scalia took a blowtorch to Obergefell; would love to see Thomas and Alito get another crack at it.]

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.”

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.”

Continue reading →

Comments

For your convenience, you may leave commments below using Disqus. If Disqus is not appearing for you, please disable AdBlock to leave a comment.