[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/equallywed.com\/clarence-thomas-says-marriage-equality-ruling-should-be-overturned\/#BlogPosting","mainEntityOfPage":"https:\/\/equallywed.com\/clarence-thomas-says-marriage-equality-ruling-should-be-overturned\/","headline":"Clarence Thomas says marriage equality ruling should be overturned","name":"Clarence Thomas says marriage equality ruling should be overturned","description":"Supreme Court Justice Clarence Thomas suggests that the marriage equality ruling, Obergefell v. Hodges, should be overturned.","datePublished":"2019-06-18","dateModified":"2019-06-18","author":{"@type":"Person","@id":"https:\/\/equallywed.com\/author\/alainaleary\/#Person","name":"Fin Leary","url":"https:\/\/equallywed.com\/author\/alainaleary\/","identifier":6376,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/2d51014ed1230c3de5b543787b5bebf7ad45072e559a4cdb76347a56854d47a4?s=96&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/2d51014ed1230c3de5b543787b5bebf7ad45072e559a4cdb76347a56854d47a4?s=96&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Equally Wed","logo":{"@type":"ImageObject","@id":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","url":"http:\/\/equallywed.com\/wp-content\/uploads\/2018\/08\/equally-wed-lgbtq-weddings-logo.jpg","width":218,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/equallywed.com\/wp-content\/uploads\/2019\/06\/Screen-Shot-2019-06-18-at-1.27.35-PM.png","url":"https:\/\/equallywed.com\/wp-content\/uploads\/2019\/06\/Screen-Shot-2019-06-18-at-1.27.35-PM.png","height":972,"width":1118},"url":"https:\/\/equallywed.com\/clarence-thomas-says-marriage-equality-ruling-should-be-overturned\/","about":["Marriage Equality News","News"],"wordCount":299,"keywords":[" marriage equality","Clarence Thomas","Oberfell v. Hodges","Supreme Court"],"articleBody":"Supreme Court Justice Clarence Thomas urged the U.S. Supreme Court to feel they are not bound to upholding precedent. The case was about legal double jeopardy, in which you can’t be tried twice for the same crime. By a 7-2 vote, the Court upheld current interpretation of the law, allowing both state and federal governments to pursue the same charges against an Alabama man.Thomas wrote a separate concurring opinion, however, that the Supreme Court should reconsider how it respects legal precedent (or\u00a0stare decisis). He said the justices should not uphold precedents that are\u00a0\u201cdemonstrably erroneous,\u201d and the case he suggested to make his argument was\u00a0Oberfell v. Hodges, the case that made marriage equality a national right in 2015.\u201cI write separately to address the proper role of the doctrine of stare decisis,\u201d Thomas said in his opinion. \u201cIn my view, the Court\u2019s typical formulation of the stare decisis standard does not comport with our judicial duty under Article III because it elevates demonstrably erroneous decisions\u2014meaning decisions outside the realm of permissible interpretation\u2014over the text of the Constitution and other duly enacted federal law.\u201dHe cited Chief Justice Roberts’ dissent in the marriage equality case.\u201cIt is always \u2018tempting for judges to confuse our own preferences with the requirements of the law,\u2019\u00a0Obergefell v. Hodges,\u201d said Thomas,\u00a0 \u201cand the Court\u2019s stare decisis doctrine exacerbates that temptation by giving the venire of respectability to our continued application of demonstrably incorrect precedents.\u201dThomas’ complaint sets the opportunity to revisit the\u00a0Obergefell v. Hodges ruling if it arises. His dissent also has potential implications for other rulings, including Roe v. Wade; he recently\u00a0compared abortion to eugenics. His position as a conservative legal thought leader makes these comments threatening to the future of both rulings."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Clarence Thomas says marriage equality ruling should be overturned","item":"https:\/\/equallywed.com\/clarence-thomas-says-marriage-equality-ruling-should-be-overturned\/#breadcrumbitem"}]}]