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Justices Alito & Thomas Say Marriage Equality is a Problem to “Fix”

If you thought Marriage Equality was the settled law of the land, you might want to think again.

In a surprising opinion issued entirely voluntarily yesterday by the two longest-serving conservative Justices of the Supreme Court, Justices Thomas Alito and Clarence Thomas declared their belief that same-sex marriages are unconstitutional.

“By choosing to privilege a novel constitutional right over the religious liberty interests explicitly protected in the First Amendment, and by doing so undemocratically, the Court has created a problem that only it can fix,” Thomas wrote. “Until then, Obergefell [the 2015 Court decision in favor of marriage equality] will continue to have ruinous consequences for religious liberty.”

In choosing to issue this irregular and completely voluntary opinion in response to the denial of petition for former county clerk Kim Davis [remember that lady? She’s back!], Justices Alito and Thomas signaled that given the chance, a conservative majority on the Supreme Court with Amy Coney Barret will hope to hear a case in order to overturn marriage equality.

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