New conservative Supreme Court justice could boost religious rights at the cost of LGBTQ protections

[mahatmakanejeeves]

"Could"

Social Issues

A new conservative Supreme Court justice could boost religious rights at the cost of LGBTQ protections

By Samantha Schmidt and Sarah Pulliam Bailey
September 22, 2020 at 11:20 a.m. EDT

A conservative replacement for Supreme Court Justice Ruth Bader Ginsburg, who died on Friday, could provide a major boost to religious rights while threatening years of advancements for the LGBTQ community, legal experts and activists say.

In cases spanning same-sex marriage rights to workplace protections, the Supreme Court has in recent years delivered landmark victories to gay and transgender Americans. But these watershed rulings have also left unresolved the polarizing conflict between those who want to safeguard religious rights and those who want to expand LGBTQ protections.

Ginsburg not only played a critical role in voting in favor of LGBTQ rights but also voted to keep religious exemptions within narrow boundaries, said David B. Cruz, Newton Professor of Constitutional Law at the University of Southern California Gould School of Law. Her absence, and her replacement by a conservative justice, could help tip the scale toward curtailing LGBTQ rights.

“It’s going to be a continuing refinement of the line where religious freedoms prevail and where anti-discrimination protections prevail,” said Paul Smith, a professor at Georgetown Law School who argued the landmark 2003 Supreme Court case Lawrence v. Texas, in which the court ruled that laws prohibiting private activity between consenting gay adults are unconstitutional.

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Samantha Schmidt
Samantha Schmidt is a reporter covering gender and family issues. Follow https://twitter.com/schmidtsam7

Sarah Pulliam Bailey
Sarah Pulliam Bailey is a religion reporter, covering how faith intersects with politics and culture. She runs The Washington Post's religion vertical. Before joining The Post, she was a national correspondent for Religion News Service. Follow https://twitter.com/spulliam

[jimfields33]

1. Maybe this Supreme Court nominee could turn into

a Souter or john Paul Stevens. Republicans really do make decisions that come back and bite them. Pretty amazing that two court picks by republicans turned into valuable liberal votes.

[Statistical]

2. With her being a member of the handmaid cult I think that is unlikely.

Gorsuch and Roberts have shown some signs of moderation and that may increase in the future. Roberts in particular is really worried about the lasting image of the court.

Handmaid lady and keg boy I am not optimistic about.

[jimfields33]

3. I don't think she'll be the pick.

I think it will be the judge from Miami who was voted in 80-20 for her appellate court seat. Getting that many democratic senators to vote for her must make her at least somewhat less conservative. She could switch easier then Amy for sure.

[Statistical]

4. I hope you are right. Since Mitch doesn't care about rules, order, precedent ...

... it is very likely this confirmation "hearing" will be a sham. Republican Senators are already talking about they will confirm the appointee regardless of who it is. Usually they at least pretend enough to wait for the appointee to be named.

If they wanted to put a super young right wing nutjob on the bench this would be the time to do it. I guess we will know in a couple days. If the appointee is a rightwing nutjob for any reason other than their cult told them god wants it this way there is at least the hope they will become moderate with time. For the cultists that is a lifetime devotion.

[CaptYossarian]

5. I'm thinking of Harry Blackmun, the Nixon appointee who decided Roe v. Wade.