In his dissenting opinion in Obergefell v. Hodges, Justice Clarence Thomas predicted that the court’s declaration that same-sex marriage is a right would ultimately lead to conflict between that purported right and religious liberty.
In his concurring opinion in Masterpiece Cakeshop v. Colorado Civil Rights Commission, Thomas concludes: “This case proves that the conflict has already emerged.”
In Obergefell, decided by a 5-4 vote in 2015, the Supreme Court declared that the 14th Amendment creates a right for people of the same sex to marry one another.
“The Court’s decision today is at odds not only with the Constitution, but with the principles upon which our Nation was built,” Thomas wrote in his dissent in Obergefell. “Since well before 1787, liberty has been understood as freedom from government action, not entitlement to government benefits. The Framers created our Constitution to preserve that understanding of liberty.