Even our adversaries agree: The Obergefell fight isn’t over

LGBTQ-favoring media raising the alarm about Liberty Counsel 

Almost as soon as the news hit the presses, LGBTQ media began to panic. One would think the groups would have been happy that the U.S. Supreme Court declined to take up the case of our client, Kim Davis, in which we requested the High Court to overturn Obergefell.

Instead, the LGBTQ media appears to be in full panic mode because they know the fight to overturn the rogue Court’s unconstitutional marriage opinion is far from over. They know this case rests on precariously thin ice — and that Liberty Counsel is preparing to break that ice.

Defend Religious Freedom against LGBTQ attack! Give now and a Year-End Challenge Grant will DOUBLE the impact of your gift.

• Salon warns that "conservatives are building on the strategy they used to successfully overturn Roe.”

• Uncloseted Media, an outspoken LGBTQ group, warns that “Now more than ever,” the LGBTQ must “remain vigilant” against Liberty Counsel’s efforts to overturn Obergefell.

• Ms. Magazine doubles down on the idea, calling Liberty Counsel "power players” and lists us as among the “most influential figures in the U.S.”

• “LGBTQ family planning” lawyer Rebecca Levin Nayak says, “I think there’s definitely a reason to be concerned” that Obergefell will be overturned, warning that the LGBTQ must remain vigilant and “work also on whatever state protections that we can get.”

• The Nation, one of our country’s oldest socialist newspapers, exclaims that “the Fight for Marriage Equality Might Not Be Over.”

• Philadelphia Gay News breathlessly warns that “the Court could decide to hear a future case” that would overturn same-sex marriage.

These LGBTQ groups have good reason to be worried.

When the Obergefell decision was announced in 2015, three of the High Court’s current Justices — including Chief Justice John Roberts — warned that the Court was overstepping its role, inventing rights out of thin air.

Five lawyers on the 2015 Supreme Court “imposed their will,” Roberts said, “not a legal judgment,” and that the opinion had no basis in the Constitution. In fact, the Chief Justice said the opinion had NOTHING to do with the Constitution.

The very same month this Supreme Court rejected Kim’s petition, the Texas Supreme Court amended, in a 9-0 vote, its judicial ethics code to ensure that Lone Star State judges may NOT be forced to officiate same-sex marriages if performing such ceremonies conflicts with their religious beliefs. As a result, Texas judges may not be sued, censured, or punished for exercising their religious freedom to decline participation in an act their religious beliefs forbid.

Kim Davis WON that right, not only for herself but also for all Kentucky officials back in 2015 and 2016. Yet she was personally sued into bankruptcy for those actions because the Obergefell same-sex marriage opinion has upended constitutionally enumerated religious freedom rights under the First Amendment.

Texas’ move to protect officials from the LGBTQ’s attacks on religious liberty almost certainly ensures that the U.S. Supreme Court will be forced to take up Obergefell again. And Liberty Counsel will be right there in the fight — just like our detractors anticipated.

It is not a matter of IF, but WHEN Obergefell will be overturned. This opinion is not only an insult to the Constitution; it is also an insult to God our Creator who created us in His image — male and female. As a policy matter, Obergefell says gender is irrelevant in a gender-based relationship. We now see the consequences in women’s sports, private spaces, and “trans” murders.

Will you help us defend religious freedom rights against attacks by the LGBTQ? Give now and a Year-End Challenge Grant will DOUBLE the impact of your gift.

Mat Staver
Founder and Chairman
Liberty Counsel