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Samuel Alito
Associate Justice of the United States Supreme Court
- Updated: February 22, 2024
—Renewed his criticism of the Obergefell decision that the fundamental right to marry is guaranteed to same-sex couples by the Constitution. Regarding a case involving whether it is permissible to remove anti-LGBTQ people from juries involving discrimination against LGBTQ people, Alito wrote a statement claiming that the case “exemplifies the danger that I anticipated in Obergefell v. Hodges” and warning that the decision means “Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct” are being “labeled as bigots and treated as such” by the government and “society.”
—Delivered what’s described as an ultrapartisan speech to The Federalist Society, targeting the response to the COVID-19 pandemic and public safety restrictions against churches, as well as marriage equality, LGBTQ nondiscrimination laws and access to contraception. Falsely claimed the Supreme Court’s Obergefell v. Hodges ruling restricts free speech rights of anti-LGBTQ advocates.
—Alongside Associate Justice Clarence Thomas, Alito attacked the court’s 2015 Obergefell decision when they declined to hear a case brought by Kentucky county clerk Kim Davis. The two justices wrote that Davis “may have been one of the first victims of this court’s cavalier treatment of religion in its Obergefell decision,” and described the “consequences for religious liberty” as “ruinous.” They also wrote that the Obergefell decision “enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots, making their religious liberty concerns that much easier to dismiss.”
—Dissented in the Obergefell case, writing that bans on same-sex marriage promote procreation and the ideal environment for raising children. He also wrote that those who oppose marriage equality “will risk being labeled as bigots and treated as such by governments, employers, and schools,” leading to “bitter and lasting wounds.”
—Along with Associate Justice Brett Kavanaugh, Alito posed for a photo with anti-LGBTQ activists Brian Brown, Catholic Cardinal Gerhard Müller and Princess Gloria von Thurn und Taxis.
The GLAAD Accountability Project catalogs anti-LGBTQ rhetoric and discriminatory actions of politicians, commentators, organization heads, religious leaders, and legal figures, who have used their platforms, influence and power to spread misinformation and harm LGBTQ people.
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