A spontaneous celebration erupted outside the Supreme Court in 2015 when a majority of justices legalized same-sex marriage across the country. Gay pride flags were flown in the courthouse plaza, and some onlookers cried and hugged inside the courtroom as the gravity of the court’s decision was taken into account.
Seven years later, as the high court begins to consider another case involving same-sex marriage, the mood among supporters of LGBTQ rights is far less upbeat.
The Supreme Court will hear oral arguments Monday from a Colorado designer who wants to refuse to build wedding websites for same-sex couples because those marriages fly in the face of his religious beliefs. The results could have profound implications for state anti-discrimination laws as well as the First Amendment.
After a landmark victory in the same-sex marriage case and another win in 2020 to ban discrimination in the workplace based on sexual orientation, the Supreme Court’s view of LGBTQ rights has softened in recent years — especially in cases like the one filed. Website designers that include conflict with religious freedom.
Last year, the high court sided with a Catholic foster care agency in Philadelphia that refused to consider same-sex couples as clients. And in his decision in June overturning Roe v. Wade, Associate Justice Clarence Thomas suggested it might even be time to “rethink” same-sex marriage — a notion that prompted a political backlash and bipartisan legislation requiring states to recognize those marriages. .
“Things move really fast in this court,” said Mary Bonato, senior director of civil rights and legal strategies with GLBTQ Legal Advocates and Defenders, who emphasized that many recent losses for LGBTQ Americans in court have been narrow. Still, he admitted, “it’s hard not to be concerned about where the court is going.”