Supreme Court Signals End to Same-Sex Marriage

Alito and Thomas call for end to Obergefell.

The Supreme Court this week passed on a potential case involving same-sex marriage. Normally, the high court declining to a hear a case wouldn’t be news.

But, tucked away in the back of the court’s dismissal, was something interesting:

“By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the Court has created a problem that only it can fix,” Justice Thomas, writing for himself and Justice Alito, declared. “Until then, Obergefell will continue to have ruinous consequences for religious liberty.”

The Obergefell decision referred to by the two right-wing judges is the Supreme Court’s landmark 2015 decision, Obergefell v. Hodges. In that case, the court ruled 5–4 that the fundamental right to marry is guaranteed to same-sex couples.

The math isn’t good for those that would like same-sex to remain legal in all fifty states. Alito and Thomas are openly calling for the five-year-old precedent to be overturned (so much for stare decisis.) Chief Justice John Roberts, recently imbued with moderate credentials, already ruled against same-sex marriage five years ago. Trump has appointed two conservative judges…