In his dissent, he argues that today’s decision "creates serious questions about religious liberty." "Many good and decent people oppose same-sex marriage as a tenet of faith, and their freedom to exercise religion is—unlike the right imagined by the majority—actually spelled out in the Constitution," he writes.
"Respect for sincere religious conviction has led voters and legislators in every State that has adopted same-sex marriage democratically to include accommodations for dissenting religious practice." But he says the Supreme Court is too much of a "blunt instrument" to do likewise.
But the dissenters are more skeptical, and concerned that "people of faith can take no comfort" in the ruling.
"Many who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises," acknowledges Justice Anthony Kennedy, writing for the majority in "and neither they nor their beliefs are disparaged here." He explains that while that "sincere, personal opposition" cannot be "enacted law and public policy" without harming gay couples and violating the Fourteenth Amendment, he favors a continued "open and searching debate" between those who favor and oppose same-sex marriage.
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