(Fox News) — Justices Clarence Thomas and Samuel Alito said Monday that Obergefell v. Hodges, the Supreme Court case that mandated all states recognize same-sex marriages, is “found nowhere in the text” of the Constitution and threatens “the religious liberty of the many Americans who believe that marriage is a sacred institution between one man and one woman.”
The statement was written by Thomas and joined by Alito about the case of Kim Davis, a former Kentucky county clerk who said she would not give same-sex couples marriage licenses. The two justices said they agreed with the consensus of the court that it should not take Davis’ case, but only because it did not “cleanly present” the “important questions about the scope of our decision in Obergefell.”
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