On June 26, 2015, the Supreme Court ruled in a 5-4 vote that the 14th Amendment requires states to give a marriage license to same-sex couples and recognize the marriage of same-sex couples performed out-of-state.
However, in contrast, Alito wrote in the dissenting opinion following the decision that the Constitution does not say anything about the right to same-sex marriage. Furthermore, he said that those who hold to the traditional understanding of marriage will not be able to say their beliefs in public anymore.
The Supreme Court justice has put a new focus on the case, writing in a new book of collected speeches that legalizing same-sex marriage was “perhaps the decisive point in our nation’s turn against religious liberty,” reports ABC News.
Alito argues the Obergefell decision has driven traditional believers out of public life, pointing to lawsuits involving businesses and faith-based organizations. However, other religious liberty advocacy groups point to a string of recent legal victories as proof that faith is protected stronger than ever.
From 2023-2026, the Supreme Court has ruled affirming parents' religious rights (Mahmoud v. Taylor and Mirabelli v. Bonta), religious neutrality (Catholic Charities Bureau v. Wisconsin Labor & Industry Review Commission), freedom of expression (Chiles v. Salazar) and religious work accommodations (Groff v. DeJoy).
AFN asked Jenna Ellis, legal expert and senior policy advisor at American Family Association (AFA), about Alito’s claim.
“Yeah, I think he's absolutely correct. Once we mess with the natural rights that come from God, our creator ... then all of a sudden you are saying artificially that the so-called right to gay marriage is more important than the rights like religious liberty,” Ellis states.
With voters heading to the polls this election cycle, Ellis emphasizes that the debate over religious freedom extends far beyond the White House — stretching down-ballot to judicial appointments, federal staffers and local elections.
“Voting matters as well, not just to known things like judicial appointments, but also to state and local elections for state judiciary appointees and also for ballot issues. Those are incredibly important,” Ellis says.
Ellis encourages voters to research their local ballot measures carefully, noting that stewardship extends to every level of government.
