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Movements Nov 05, 2020
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Getty / The Atlantic The U.S. Supreme Court is poised to decide a case this term that, once again, pits religious freedom against the rights of the LGBTQ community. Earlier this month, Justice Clarence Thomas, in a concurrence written on behalf of himself and Justice Samuel Alito, attacked Obergefell v. Hodges , the decision that established a constitutional right to LGBTQ marriage.
His criticism revolved around its cost to religious opponents: If gay couples have a constitutional right to marriage, the thinking goes, those who oppose gay marriage on religious grounds may be compelled to assist such marriages despite their sincerely held religious convictions to the contrary. This, in turn, makes it “increasingly difficult to participate in society.” Thomas expressed his wish that when there is a clash, religious freedom should outweigh LGBTQ rights.
Thomas may well have his wish granted this upcoming term, especially now that Justice Amy Coney Barrett has joined him on the bench. It is precisely the collision of LGBTQ rights and religious freedom that is at issue in a case scheduled for argument in front of the Court next week. In the case, Fulton v. City of Philadelphia , a Catholic adoption agency challenges […]
