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Justices Thomas And Alito Defend Kim Davis, Suggest SCOTUS Must Overturn Marriage Equality Ruling to Protect Religious Freedom

Andy Towle October 5, 2020 Leave a Comment

Kim Davis

The U.S. Supreme Court issued a Denial of Cert on the opening day of its term Monday, declining to hear the appeal of a case involving Kim Davis, the Kentucky clerk who refused to issue marriage licenses to gay couples. The SCOTUS decision allows a lawsuit against Davis to move forward.

Reuters reports: “Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by couples David Ermold and David Moore as well as James Yates and Will Smith. Their case will now move forward.”

In the court's statement, Justices Clarence Thomas and Samuel Alito empathized with Davis's case and suggested that the marriage equality case Obergefell vs. Hodges must be overturned in order to protect religious freedom.

The AP reports: “Supreme Court justice Clarence Thomas wrote for himself and Justice Samuel Alito that while he agreed with the decision not to hear the case, it was a ‘stark reminder of the consequences' of the court's 2015 decision in the same-sex marriage case. Because of that case, he wrote, ‘those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul' of the case ‘and its effect on other antidiscrimination laws.'”

The Supreme Court turned away Kim Davis' case, but Thomas (joined by Alito) wrote a jaw-dropping rant taking direct aim at Obergefell and suggesting that SCOTUS must overturn the right to marriage equality in order to protect free exercise. https://t.co/qES8IZkw0U pic.twitter.com/F0zrYdBaeH

— Mark Joseph Stern (@mjs_DC) October 5, 2020

"Since Obergefell, parties have continually attempted to label people of good will as bigots merely for refusing to alter their religious beliefs in the wake of prevailing orthodoxy." -Thomas

Two Supreme Court justices have essentially said that Kim Davis is a modern-day martyr.

— Mark Joseph Stern (@mjs_DC) October 5, 2020

“This petition provides a stark reminder of the consequences of Obergefell.”

Republicans and the Supreme Court are gleefully coming for marriage equality, and they think that Trump's SCOTUS nominee Amy Coney Barrett gives them the opportunity to do it. https://t.co/CucLoabV4H

— Lambda Legal (@LambdaLegal) October 5, 2020
https://twitter.com/LeahLitman/status/1313111838071181314?s=20

First day of the SCOTUS term and Alito & Thomas call for the overturning of Obergefell. pic.twitter.com/IwejJL6dGX

— Chase Strangio (@chasestrangio) October 5, 2020

Topics: Featured, Society, Supreme Court, towleroad More Posts About: Clarence Thomas, Kim Davis, marriage equality, Obergefell v. Hodges, Religious Freedom, Samuel Alito, SCOTUS

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