Obergefell v. Hodges was the landmark 2015 ruling in which the U.S. Supreme Court, in a 5-4 decision, legalized same-sex marriage in all 50 states. Two of the dissenters in that ruling were Justice Clarence Thomas and Justice Samuel Alito — and now, Thomas and Alito are calling for that decision to be overturned. This comes at a time when there is a very real possibility that Justice Amy Coney Barrett, a far-right social conservative nominated by President Donald Trump, will be replacing the late Justice Ruth Bader Ginsburg.
In a petition, Thomas and Alito argue that Obergefell was an attack on religious freedom, saying, “The Court has created a problem that only it can fix. Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.'”
Half a decade ago, the majority in Obergefell v. Hodges came from both the left and the right. Justice Anthony Kennedy, nominated by President Ronald Reagan in 1987, sided with Ginsburg in that decision. Kennedy was fiscally conservative, yet his libertarian streak showed itself when he agreed with Ginsburg on social issues like gay rights, same-sex marriage and abortion. Continue reading.