The Next Big Religious Freedom vs. LGBT Rights Case

The Next Big Religious Freedom vs. LGBT Rights Case
AP Photo/Jacquelyn Martin, File

Supreme Court Justices Clarence Thomas and Samuel Alito said in a statement this week that they see Obergefell v. Hodges, the 2015 Supreme Court decision that brought marriage equality to the whole nation, as something the court needs to “fix.” LGBTQ advocates immediately raised the alarm and asked what it meant for our families and future.

Obergefell is indeed vulnerable, but overturning that ruling directly is not the only way for the court to undermine LGBTQ equality. More likely, it will dilute our rights by creating a constitutional license to discriminate based on religious beliefs. In fact, the court is set to hear oral arguments in a case that could significantly scale back LGBTQ rights on Nov. 4, the day after the election.

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