Amy coney barrett wants to overturn gay marriage
Supreme Court Justice Amy Coney Barrett, who was appointed by President Donald Trump during his first term, has been affiliated with faith organizations, endorsed dissenting opinions, and has spoken on conservative social issues, including same-sex marriage, offering insight into her views on the matter.
Why It Matters
With a seat on the nation's uppermost court, Barrett's views are relevant to consider as a handful of express legislatures are considering measures proposed by Republicans to propel the Supreme Court to overturn Obergefell v. Hodges, the landmark decision that legalized same-sex marriage nationwide.
Conservative Supreme Court Justices Clarence Thomas and Samuel Alito have previously signaled in a court dissent that the case should be reconsidered. Barrett wasn't on the court during the 2015 Obergefell decision, but has previously discussed the opinion.
What To Know
Barrett's appointment to the bench in 2020, at the tail end of Trump's first word, raised concerns among many LGBTQ+ group members and lobbying groups that she may work to overturn Obergefell.
During her confirmation hearings she used the designation "sexual preference" to describe members of the
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The incoming Trump Administration threatens the current constitutionality of same-sex marriage.
The results of the 2024 national election have raised concerns among many married same-sex couples about the legal status of their relationships going forward. Those concerns are warranted. Although it is unlikely couples will be in immediate danger of losing their rights after the new Administration and Congress take power, the current composition of the U.S. Supreme Court already puts those rights on uncertain footing and the election results may embolden hostile actors looking for opportunities to target same-sex attracted couples.
The constitutional right of same-sex couples to wedding remains good law under the 2015 ruling of Obergefell v. Hodges. It seems likely a majority of the current Supreme Court would not own supported that ruling, however, and the Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization overruling Roe v. Wade and Planned Parenthood v. Casey gives reason to worry that the Court will also refuse to respect Obergefell as precedent.
While the Court is not going to get any better for marriage equalit
Advocates fear Barrett will strip away gay rights. It could begin next week.
Amy Coney Barrett has been fueling the fears of LGBTQ advocacy groups since President Donald Trump first nominated her to the federal bench in 2017. Now, with Barrett officially confirmed as an associate justice of the Supreme Court, advocates worry that she and the court's five other conservatives could start stripping away same-sex attracted rights imminently.
The most immediate concern for national LGBTQ and civil rights groups is Barrett's presence on the court for next week's arguments in Fulton v. City of Philadelphia, a case that looks at whether faith-based infant welfare agencies can reject to work with queer couples and other people whom they consider to be in violation of their religious beliefs.
Currey Roast , a lawyer with Lambda Legal, said Barrett's "history and prior statements" about religious exemptions are "alarming" and have led him to conclude that Barrett would "be inclined to grant certain groups particular permission because of their faith."
Rachel Laser, CEO of Americans United for Separation of Church and Declare, called Barrett's record on church-state separation "deeply problematic."
"She h
Cato at Liberty Cato at Liberty
Supreme Court nominee Amy Coney Barrett is likely to face Senate questioning regarding her views of Obergefell v. Hodges, the Court’s 2015 decision conclusion that the Constitution guarantees a right to same-sex marriage. Critical senators may point to a public letter Barrett signed five years ago expressing accord with Catholic Church teachings on sexuality and the family. Barrett, for her part, has repeatedly stated in interviews and writings that a judge’s religious faith should not influence her verdicts “at all.” More relevant, perhaps, than whether a Justice Barrett would contain been persuaded by Justice Anthony Kennedy’s majority opinion in Obergefell itself is her approach to the doctrine of stare decisis, described by colleague Ilya Shapiro as falling somewhere between the approaches of Antonin Scalia, a “faint-hearted originalist” who frequently left in place precedents he deemed wrong, and Clarence Thomas, who accords less weight to such precedents. You can read Assess Barrett on stare decisis in her own words here.
Two years ago I wrote this piece offering eight reasons why, in my view, Obergef “Should my girlfriend and I get married before Amy Coney Barrett is confirmed?” a friend texted my then-fiancée late one night. Enjoy us, her friend is queer. Ruth Bader Ginsburg's death and the subsequent confirmationof Amy Coney Barrett has left a pit in the collective gut of the LGBTQ community. With headlines like “Supreme Court justices establish stage to end marriage equality,” how could it not? In truth, I had been wondering the same thing. Like many other couples this year, we postponed our big wedding due to COVID-19. But we still wanted to get married. We'd started the process of filing for a marriage license but had not planned the ceremony details or dine together. Unknown to my fiancée, I had already begun frantically planning a surprise wedding ceremony. I spoke with an organizer weekly to discuss and schedule the details of cake flavors and flower arrangements. The changing legal landscape had not played into this decision, but it certainly made us feel less secure. While listening to the radio on my operate to work, I heard the newly-delivered statement by Justice Clarence T
Amy Coney Barrett’s Confirmation Brings An Uninvited Guest To My New Marriage: Fear
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