Beautiful Virgin Islands

Sunday, Dec 28, 2025

U.S. Supreme Court justices want to ‘fix’ historic same-sex marriage ruling so religious bigots can ‘participate in society’

U.S. Supreme Court justices want to ‘fix’ historic same-sex marriage ruling so religious bigots can ‘participate in society’

Two Supreme Court justices have suggested that the court needs to “fix” Obergefell v Hodges, the case that made same-sex marriage the law of the land.
In October, the court decided not to hear a case involving Kim Davis, the Kentucky clerk who has been sued for refusing to issue marriage licences to same-sex couples because of her religious beliefs.

The Supreme Court opted not to take the case, leaving in place a decision from a lower court that allowed a lawsuit against Davis to proceed.

However, justices Clarence Thomas and Samuel Alito released a joint statement saying that, while they agreed with the decision not to hear the case, Davis’ legal issues should serve as a “stark reminder of the consequences” the 2015 ruling on same-sex marriage was having on religious liberty.

In their statement, the justices said the Supreme Court had “read a right to same-sex marriage into the Fourteenth Amendment, even though that right is nowhere in the text”.

They said that several members of the court noted the decision would threaten the religious liberty of those who believe that marriage is “a sacred institution between one man and one woman”.

Thomas and Alito went on to argue that same-sex marriage should have been legalised through Congress or by individual states, which could, they suggested, have paved the way for exemptions for people who don’t agree with same-sex marriage.

They hit out at their fellow Supreme Court justices for bypassing the “democratic process” with its 2015 ruling, which resulted in same-sex marriage become a reality across the United States.

The justices said the 2015 ruling had allowed governments, employers and schools to “vilify” those who have religious beliefs, branding them “bigots”.

“Those predictions did not take long to become reality,” they added.

“Kim Davis, a former county clerk in the Commonwealth of Kentucky, was responsible for authorising marriage licences. Davis is also a devout Christian. When she began her tenure as clerk, Davis’ sincerely held religious beliefs – that marriage exists between one man and one woman – corresponded with the definition of marriage under Kentucky law.

“Within weeks of this court granting certiorari in Obergefell, Davis began lobbying for amendments to Kentucky law that would protect the free exercise rights of those who had religious objections to same-sex marriage. But those efforts were cut short by this court’s decision in Obergefell.”

The Supreme Court judges pinned Davis’ plight on Obergefell, saying she “found herself faced with a choice between her religious beliefs and her job”.

“When she chose to follow her faith, and without any statutory protection of her religious beliefs, she was sued almost immediately for violating the constitutional rights of same-sex couples.”

They described Davis as “one of the first victims” of the court’s “cavalier treatment of religion” in its ruling on Obergefell.

“Due to Obergefell, those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul of Obergefell and its effect on other anti-discrimination laws.”

Thomas and Alito went on to argue that the Supreme Court had “forced” same-sex marriage on society “through its creation of atextual constitutional rights” and had left “those with religious objections in the lurch”.

The justices closed out their statement by saying Davis’ case “implicates important questions about the scope of our decision in Obergefell”.

“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.

“Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty’.”

Their statement was released shortly before Amy Coney Barrett was confirmed to the Supreme Court in a devastating blow to LGBT+ people.

The appointment of the anti-LGBT+ Roman Catholic judge has tipped the Supreme Court to leaning heavily conservative, with many queer people afraid that their hard-won rights – such as same-sex marriage – could come under threat as a result.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Apple Moves to Appeal UK Ruling Ordering £1.5 Billion in Customer Overcharge Damages
King Charles’s 2025 Christmas Message Tops UK Television Ratings on Christmas Day
The Battle Over the Internet Explodes: The United States Bars European Officials and Ignites a Diplomatic Crisis
Princesses Beatrice and Eugenie Join Royal Family at Sandringham Christmas Service
Fine Wine Investors Find Little Cheer in Third Year of Falls
UK Mortgage Rates Edge Lower as Bank of England Base Rate Cut Filters Through Lending Market
U.S. Supermarket Gives Customers Free Groceries for Christmas After Computer Glitch
Air India ‘Finds’ a Plane That Vanished 13 Years Ago
Caviar and Foie Gras? China Is Becoming a Luxury Food Powerhouse
Hong Kong Climbs to Second Globally in 2025 Tourism Rankings Behind Bangkok
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
UK Households Face Rising Financial Strain as Tax Increases Bite and Growth Loses Momentum
UK Government Approves Universal Studios Theme Park in Bedford Poised to Rival Disneyland Paris
UK Gambling Shares Slide as Traders Respond to Steep Tax Rises and Sector Uncertainty
Starmer and Trump Coordinate on Ukraine Peace Efforts in Latest Diplomatic Call
The Pilot Barricaded Himself in the Cockpit and Refused to Take Off: "We Are Not Leaving Until I Receive My Salary"
UK Fashion Label LK Bennett Pursues Accelerated Sale Amid Financial Struggles
U.S. Government Warns UK Over Free Speech in Pro-Life Campaigner Prosecution
Newly Released Files Shed Light on Jeffrey Epstein’s Extensive Links to the United Kingdom
Prince William and Prince George Volunteer Together at UK Homelessness Charity
UK Police Arrest Protesters Chanting ‘Globalise the Intifada’ as Authorities Recalibrate Free Speech Enforcement
Scambodia: The World Owes Thailand’s Military a Profound Debt of Gratitude
Women in Partial Nudity — and Bill Clinton in a Dress and Heels: The Images Revealed in the “Epstein Files”
US Envoy Witkoff to Convene Security Advisers from Ukraine, UK, France and Germany in Miami as Peace Efforts Intensify
UK Retailers Report Sharp Pre-Christmas Sales Decline and Weak Outlook, CBI Survey Shows
UK Government Rejects Use of Frozen Russian Assets to Fund Aid for Ukraine
UK Financial Conduct Authority Opens Formal Investigation into WH Smith After Accounting Errors
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
×