—With marriage equality opponents Alito and Thomas, wrote dissent in Pavan v. Smith, a case that grants married same-sex couples equal treatment in the issuing of birth certificates.
—Has argued that certain minority civil rights issues, like marriage equality, should be settled through elections or legislatures, not the courts.
—Wrote concurrence in Hobby Lobby and Little Sisters of the Poor cases, allowing religious employers to avoid following federal law based on religious belief: “For some, religion provides an essential source of guidance both about what constitutes wrongful conduct and the degree to which those who assist others in committing wrongful conduct themselves bear moral culpability.” Those religious beliefs, he concluded, justified allowing the individuals, and not just the corporations, to challenge the government’s rules for employer-sponsored health insurance plans.
—Ruled numerous times against the transgender community, including a refusal to provide health care to a transgender woman who was incarcerated and against a transgender woman who filed an employment discrimination lawsuit.
—Once described LGBT rights as merely part of liberals’ social agenda: “American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda on everything from gay marriage to assisted suicide..”
—SCOTUSBlog describes him as “an ardent defender of religious liberties and pluralistic accommodations for religious adherents” and “a natural successor to Scalia in adopting a pro-religion conception of the establishment clause.”
—Endorsed by and “good friends” with National Organization for Marriage co-founder Prof. Robert George.
—Endorsed by author of Colorado’s same-sex marriage ban, former ADF Senior Counsel Mike Norton who said, “He’d be great for America.”
—Endorsed by ADF Senior Counsel Jordan Lorence, “I think if the president nominates him, it would be good.”