A supporter of same-sex marriage waves a flag outside the U.S. Supreme Court. The Constitution protects religious beliefs. It does not protect a person’s right to discriminate based on religious belief. But on Monday, two Supreme Court justices — Clarence Thomas and Samuel Alito — indicated they see things quite differently. They would allow discrimination against gays and lesbians by those who have a religious objection to same-sex marriage. The justices’ position is extremely worrisome, and it could be an indication that the Supreme Court will soon create a broad exception to anti-discrimination laws. Alito and Thomas made their views known on Monday when the court denied review in what should have been an easy case involving Kim Davis, a court clerk in Kentucky who refused to issue wedding licenses to same-sex couples. The lower federal courts rightly ruled against Davis’ claim that she could refuse to issue the licenses based on her religious beliefs. If Davis had prevailed, then clerks with a religious objection to interracial or interfaith marriages could likewise refuse to issue marriage licenses. The right of couples to marry, which the Supreme Court has deemed a fundamental liberty, cannot be made to depend on the […]
