Justices Invite Challenge to Fix Obergefell Mess

"The Court has created a problem that only it can fix. Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.’”


WASHINGTON, D.C. – Although the U.S. Supreme Court has declined to grant review of the Sixth Circuit Court of Appeals decision involving former Rowan County Clerk Kim Davis and regarding the legal doctrine known as qualified immunity, Justices Thomas and Alito appear to invite future challenges to the 2015 Obergefell marriage case. Justice Clarence Thomas (joined by Justice Samuel Alito) wrote that the Supreme Court’s majority decision in Obergefell v. Hodges caused a collision with religious liberty and the Court must fix it. Four justices, including Chief Justice John Roberts, strongly dissented in Obergefell. Justice Alito predicted the opinion would cause significant problems for religious freedom.
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