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First They Came for the Gays
Why overturning Obergefell v. Hodges spells trouble for ALL Americans
Disclaimer: I am not a legal expert of any sort. This is my opinion as a lifelong American.
Justices Clarence Thomas and Samuel Alito called for the overturning of Obergefell v. Hodges after calling Kim Davis, a clerk who refused to issue same-sex marriage licenses “one of the first victims of this court’s cavalier treatment of religion in its Obergefell decision”. Citing freedom of religion as their primary reason for overturning this precedent, Thomas and Alito wrote that same-sex marriage is “an affront to the Constitution”. Since Davis refused to give two men a marriage license in July 2015, less than two weeks after the Supreme Court ruled that same-sex marriage was legal, she has been considered a modern-day martyr to those who oppose same-sex marriage and other LGBTQ rights.
Thomas and Alito have argued that Obergefell v. Hodges violates the First Amendment rights of those who oppose same-sex marriage, namely the free exercise clause. However, this is where I think these justices are mistaken. The free exercise clause of the First Amendment does not protect individuals who violate general, neutral rules in the name of their religion. On a similar note, the free exercise clause does not protect anyone from social…
