Supreme Court Justice Samuel Alito Discusses Same-Sex Marriage Legality

Supreme Court Justice Samuel Alito recently addressed the court's stance on same-sex marriage in an interview with the Italian newspaper Corriere Della Sera. His comments come in the wake of the Supreme Court's decision in November to decline a case challenging the constitutionality of same-sex marriage, which was legalized nationwide in 2015 through the landmark ruling in Obergefell v. Hodges. Alito, known for his conservative views, was among the dissenters in that ruling and has expressed concerns regarding the implications of the court's recent decisions, particularly following the overturning of federal abortion rights in 2022.

Newsweek

In his interview, Alito emphasized that the Supreme Court views same-sex marriage rights differently from abortion rights. He noted that while same-sex marriage was established only a decade ago, it has since become a significant aspect of American life, with many same-sex couples relying on the legal framework established by Obergefell. Alito stated, “A lot of people of the same sex have gotten married and relied on the decision and it is consistent with what polls show Americans think.” He contrasted this with the longstanding debate over abortion, where he acknowledged differing beliefs about when life begins.

Newsweek

Alito further elaborated on the originalist perspective regarding the Constitution and same-sex marriage. He argued that the framers of the Constitution did not envision a constitutional right to same-sex marriage, as it was not recognized in any country until the Netherlands legalized it in 2000. He stated, “Nobody in 1868 when our 14th Amendment was adopted conceived of the idea that there would be a constitutional right to same sex marriage.”

Newsweek

Alito's comments follow the Supreme Court's rejection of a case brought by Kim Davis, a former Kentucky county clerk who refused to issue marriage licenses to same-sex couples on religious grounds. Justice Clarence Thomas has indicated a willingness to revisit the issue of same-sex marriage, while Justice Amy Coney Barrett has described marriage rights as “fundamental.” Barrett noted the “concrete” reliance interests that have developed since the Obergefell decision, suggesting that these interests would weigh heavily against overturning same-sex marriage.

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Currently, there are no cases challenging same-sex marriage on the Supreme Court's docket, and it remains uncertain whether the court will consider any such cases in the future. The rejection of Davis' case has left many in the LGBTQ+ community concerned about the potential for future challenges to their rights.

Newsweek

• “First of all, those cases decided contraceptives 60 years ago. So it's a settled matter. Same-sex marriage was decided 10 years ago, but a lot has happened since then. A lot of people of the same sex have gotten married and relied on the decision and it is consistent with what polls show Americans think.” — Samuel Alito, Supreme Court Justice

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• “ “[Former] Justice [Antonin] Scalia and I identified it at a much more specific level of generality, and we would say nobody in 1868 when our 14th Amendment was adopted, conceived of the idea that there would be a constitutional right to same sex marriage, the whole thing didn't exist.” — Samuel Alito, Supreme Court Justice

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• “So those would be classic reliance interests in the terms of the law, in terms of legal doctrine.” — Amy Coney Barrett, Supreme Court Justice

Newsweek

While Alito and Barrett have expressed views that suggest a cautious approach to revisiting same-sex marriage, Justice Thomas's openness to reconsidering the court's precedents raises questions about the future of same-sex marriage rights. The lack of clarity regarding the court's future actions on this issue leaves significant uncertainty for the LGBTQ+ community.

Newsweek