Supreme Court vacancy

[SunnySide]

Obergefell v. Hodges - SC case that said all States must treat and give same sex couples the same rights and protections under the law, including issuing marriage certificates to same sex couples. It was decided 5-4. Kavanaugh and Gorsuch were not on the bench in 2015.

Today, SCOTUS decided not to hear an appeal on Kim Davis, county clerk who refused to issue same sex certificates, but Justice Thomas made it clear in comments he strongly disagrees with Obergefell.

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Thomas said Obergefell forced Davis to choose "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."

The Obergefell opinion authored by Kennedy aimed to balance the rights of religious people with those of gay couples, saying that "[m]any who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises."

Kennedy added: "[I]t must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned."

But Thomas argued Monday that Obergefell is highly flawed and marginalizes those who do not believe in same-sex marriage.
https://www.foxnews.com/politics/tho...e-sex-marriage
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Religous beliefs effecting a public servant employees ability to do their job (issue marriage certificates) is going to go before the SC again.

Most logical view I have read (from a religious person) is that the State actually is not in the marriage business. Marriage is a religious ceremony. The State doesnt do "marriages" but actually issues a certificate of a contract between 2 people ... therefore Kim Davis' religious objection is misplaced and not relevant to State issuing a contract.

Nominee Barrett should be asked how she feels about public servants religious beliefs effecting their ability to perform their job duties.

Allowing states to not issue certificates for same sex marriage is very much in the SCOTUS cross hairs. Next it will be not allowing same sex couples the same protections under the law in Trust and Estate matters .. and then job discrimination.