Evangelical legal group asks Supreme Court to overturn same-sex marriage ruling
“ ‘We think that it’s not a matter of if, but just a matter of when, the Supreme Court will overrule Obergefell,’ said Mathew Staver, head of Liberty Counsel.” - RNS
First, the series of court decisions that led to Obergefell are all linked to the "penumbra of privacy" enshrined in Roe v. Wade, so the article is correct that Obergefell is on shaky ground due to Dobbs, which overturned Roe.
(my take; there is not a right to privacy, but the limitations in the 4th Amendment and elsewhere on government power and surveillance do qualify to a degree as privacy--though not necessarily on all sexual decisions. In Obergefell, as well as Romer v. Evans, the court tried to assert privacy for homosexuals without impeding laws against things like pedophilia....something of an arbitrary decision)
The second thought is that one of Obergefell's predecessor decisions, Romer v. Evans, was decided to a great degree on the notion that other peoples' rights would not be infringed due to homosexuals seeking affirmative action set-asides. The implementation of Obergefell, complete with imprisonments and heavy fines for Christians who objected to taking part in gay weddings, casts that part into doubt.
But that noted, a key question is whether a public accommodation--wedding venue, florists' shop--may choose its customers based on factors other than race. In other words, is my bakery allowed to refuse service, say, to an outlaw motorcycle club--or a homosexual couple wanting a wedding cake? Where do we draw the line? As I noted above, sometimes this seems rather arbitrary.
Aspiring to be a stick in the mud.


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