Amy coney barrett thoughts on gay marriage
Advocates fear Barrett will strip away lgbtq+ 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 fret that she and the court's five other conservatives could start stripping away gay rights imminently.
The most immediate affect for national LGBTQ and civil rights groups is Barrett's presence on the court for next week's arguments in Fulton v. Capital of Philadelphia, a case that looks at whether faith-based child welfare agencies can refuse to work with queer couples and other people whom they consider to be in violation of their religious beliefs.
Currey Cook, 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 exceptional permission because of their faith."
Rachel Laser, CEO of Americans United for Separation of Church and State, called Barrett's record on church-state separation "deeply problematic."
"She h
Supreme Court Justice Amy Coney Barrett, who was appointed by President Donald Trump during his first phrase, 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 highest court, Barrett's views are relevant to consider as a handful of state legislatures are considering measures proposed by Republicans to urge 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 term, raised concerns among many LGBTQ+ community members and advocacy groups that she may work to overturn Obergefell.
During her proof hearings she used the term "sexual preference" to describe members of the
Amy Coney Barrett is an Absolute Threat to LGBTQ Rights
Coney Barrett defended the Supreme Court’s dissenters on the landmark marriage equality case of Obergefell v. Hodges,questioning the role of the court in deciding the case:
[Chief Justice Roberts, in his dissent,] said, those who want same-sex marriage, you have every right to lobby in state legislatures to make that arise , but the dissent’s view was that it wasn’t for the court to decide...So I think Obergefell, and what we’re talking about for the future of the court, it’s really a who decides question.” - Coney Barrett
Coney Barrett says Title IX protections do not extend to transgender Americans, claiming it’s a “strain on the text” to reach that interpretation:
"When Title IX was enacted, it’s pretty clear that no one, including the Congress that enacted that statute, would have dreamed of that result, at that time. Maybe things contain changed so that we should change Title IX, maybe those arguing in favor of this gentle of transgender bathroom access are right. That’s a public policy debate to have. But it does seem to strain the text of the statute to say that Title IX demands it.” - Con As the Supreme Court hears the case of Colorado Christian web designer Lorie Smith, who claims she has a right not to serve same-sex couples under the First Amendment, many acquire raised concerns over the fact that the court's current conservative majority will lead to a ruling in back of the plaintiff in 303 Resourceful LLC v. Elenis. Four years ago, the court voted in favor of Jack Phillips, a Colorado Christian baker who had refused to make a cake for a lgbtq+ couple's wedding in breach of the state's anti-discrimination rule. The 7-2 judgment was made on narrow grounds, stating that the Colorado Civil Rights Commission did not utilize religious neutrality, violating Phillips' rights to free exercise. Now, the justices are looking at a similar case questioning the reach and limits of Colorado's Anti-Discrimination Act—but the consequences could have a nationwide impact. Here, Newsweek looks at how each of the Supreme Court's Justices stands on queer marriage, as demonstrated during their careers. Newsweek reached out to the Supreme Court for comment. In 2015, when the Supreme Court ruled on the landmar TwitterFacebookLinkedInEmailPrint 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 homosexual couples. The constitutional right of same-sex couples to wed remains good law under the 2015 ruling of Obergefell v. Hodges. It seems likely a majority of the current Supreme Court would not include 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
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