Where Does SCOTUS Judge Amy Coney Barrett Fall on Same-Sex Marriage?

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Mar 10

Where Does SCOTUS Judge Amy Coney Barrett Fall on Same-Sex Marriage?

Amy Coney Barrett, associate justice of the U.S. Supreme Court, is seen before U.S. President Joe Biden delivers the State of the Union address during a joint session of Congress in the U.S. Capitol's House Chamber on March 01, 2022 in Washington, DC. During his first State of the Union address Biden will speak on his administration's efforts to lead a global response to the Russian invasion of Ukraine, efforts to curb inflation and bringing the country out of the COVID-19 pandemic. Source: Photo by Al Drago-Pool/Getty Images

Mar 15

Where Does SCOTUS Judge Amy Coney Barrett Fall on Same-Sex Marriage?

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Newsweek reports that on Thursday, North Dakota became the first state this year where a measure urging the Supreme Court to overturn Obergefell. It passed the House and advanced to the Senate, failing in a 31-16 vote due to the number of Republicans that opposed it. The state Senate, which only has five Democratic members, voted against the Republican-sponsored resolution in a 31-16 vote.

"Meanwhile, state legislatures are still considering similar proposals in Idaho, Michigan, Missouri, Montana, Oklahoma, South Dakota, Tennessee and Texas," Newsweek points out.

If it makes it to the Supreme Court, same-sex marriage has two votes for repeal. Conservative Supreme Court Justices Clarence Thomas and Samuel Alito have previously signaled in a court dissent that the case should be reconsidered. Newsweek wonders if there isn't a third vote with Amy Coney Barrett, the first-term Trump appointee (in 2020) who has discussed the case publicly and appears not to be an ally of LGBTQ+ culture.

During her confirmation hearings, Barrett "used the term 'sexual preference' to describe members of the LGBTQ+ community, which Senator Mazie Hirono described as 'offensive and outdated.' Barrett later apologized."

Barrett identifies as a "faithful Catholic" and has previously held leadership roles in Catholic organizations, including Trinity Schools Inc., which is affiliated with the People of Praise. Before and during her tenure, Trinity Schools Inc. "promoted policies that effectively barred admission for children of same-sex parents, taking a strong anti-LGBTQ+ stance," writes Newsweek.

During a 2016 lecture, she cited Chief Justice John Roberts' dissenting opinion in Obergefell, which said that the constitution didn't speak to the question and thus it wasn't the court's place to decide. She told the audience Roberts argument was "that it wasn't for the court to decide. So I think Obergefell, and what we're talking about for the future of the court, it's really a who decides question."

In 2015, Barrett signed a letter titled "Letter to Synod Fathers from Catholic Women" sent to Catholic bishops that states: "We give witness that the Church's teachings...on the meaning of human sexuality, the significance of sexual difference and the complementarity of men and women; on openness to life and the gift of motherhood; and on marriage and family founded on the indissoluble commitment of a man and a woman."

"Same-sex marriage rights were bolstered in late 2022 when Congress passed, and President Joe Biden signed into law, the Respect for Marriage Act. The law "requires that interracial and same-sex marriage must be recognized as legal in every state in the nation," the president said. Notably, 12 Republican senators, and 39 GOP House members voted in favor of the legislation," adds Newsweek.

But over her tenure on the court, she has sided with the liberals on numerous occasions, leading pundits to label her more a moderate.