Washington, D.C.—The Claremont Institute’s Center for Constitutional Jurisprudence, led by Dr. John Eastman, submitted an amicus curiae brief calling for the Supreme Court to revisit its ruling in Obergefell v. Hodges in order to safeguard the constitutional religious rights of Americans.
After years of being unrecognized, the Supreme Court ruled in 2015 that the Constitution contains a “right” to same-sex marriage—prematurely ending a robust debate sweeping the nation in the process. The decision has also spawned constitutional conflicts regarding religious liberty for Americans whose faith traditions preclude recognition of same-sex marriages.
The case of Kim Davis, a former Kentucky county clerk, presents such an example. Shortly after the Obergefell ruling, Davis was jailed for refusing to issue marriage licenses to same-sex couples based on her religious beliefs. A federal jury later ordered her to pay $100,000 in emotional damages to one of the couples she denied, even though they received a marriage certificate without Ms. Davis’s name on it.
Now, the Center for Constitutional Jurisprudence, joined by the National Organization for Marriage, is championing Davis’ bold appeal, seeking justice for her brave stand of conscience and working to reclaim the vital protections that millions of Americans saw swept aside by the 2015 ruling.
“Obergefell was wrong when it was decided, and it remains wrong now,” reads the brief. “The so-called ‘right’ identified in Obergefell was not a right contained anywhere in the text of the Constitution and was no part of the history and traditions of this or any other country.”
“By ruling as it did, the Obergefell Court cut off an important debate that was being waged in the democratic political process across the country, repeating the same mistake made in Roe v. Wade … that fractured this country for a half century,” it continues.
The Claremont Institute urges the Supreme Court to grant certiorari in this pivotal case, correct the errors of Obergefell, and reaffirm the nation’s commitment to both democratic debate and religious liberty.
Read the amicus brief here.
About The Claremont Institute
The Claremont Institute is a leading think tank dedicated to restoring the principles of the American Founding to their rightful, preeminent authority in our national life. Through litigation, scholarship, teaching, and policy advocacy, Claremont defends the Constitution and equips lawmakers and leaders to uphold its guarantees.
