Alito fears 'bigot' label of Americans with 'traditional religious views' of homosexuality

U.S. Supreme Court Justice Samuel Alito is expressing concern that Americans who hold what he calls “traditional religious views” on homosexuality and refuse to hide them are being labeled as “bigots.”

The Bush-appointed 73-year old jurist with a history of anti-LGBTQ opinions has been called the court’s “staunchest opponent of LGBTQ rights.”

As The New Republic reports, “Alito is complaining that people who oppose homosexuality were being unfairly branded as bigots, despite that being a dictionary definition of bigotry.”

On Tuesday, agreeing the Court should not take a case, Alito wrote he is “concerned” that a lower court’s reasoning “may spread.”

He notes that the lower court “reasoned that a person who still holds traditional religious views on questions of sexual morality is presumptively unfit to serve on a jury in a case involving a party who is a lesbian.”

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In that case, several jurors who acknowledged they held anti-LGBTQ views were released from serving on the trial.

“That holding exemplifies the danger that I anticipated in Obergefell v. Hodges … namely, that Americans who do not hide their adherence to traditional religious beliefs about homosexual conduct will be ‘labeled as bigots and treated as such’ by the government.'”

Slate’s Mark Joseph Stern writes, “Alito suggests that a trial court violates the free exercise and equal protection clauses when it allows an attorney who represents a gay client to strike potential jurors because they express overt bigotry against gay people.”

Veteran journalist John Harwood observes, “Justice Alito, even if he somehow gets Obergefell overturned, will be aggrieved forever more.”

He adds, “There will never be another time when his views about homosexuality will not be treated as bigotry by most people in our society.”

Attorney Max Kennerly posits, “If we followed Alito’s reasoning that religious beliefs can never serve as a basis to strike a juror, we’d instantly run into a collision with jurors who believe, on religious grounds, the death penalty is wrong. Any guesses how Alito would rule on that? Yeah, exactly.”