Former South Bend Mayor Pete Buttigieg claimed Tuesday that if Supreme Court nominee Amy Coney Barrett is confirmed, it could ultimately reopen the legal debate about same-sex marriage.
“Well, my main concern is that they seem to be wanting to put marriage equality back on the table. This was a move that America made, a move forward we made five years ago, in the belief that there was no going back,” Buttigieg said.
“Yet we saw two justices on the conservative majority that’s already seated on the court write in ways that made it sound like they’re ready to go back on that,” he said, referring to a recent opinion from Justices Clarence Thomas and Samuel Alito that criticized the court’s decision in Obergefell.
“Just imagine, if this doesn’t already affect you and you’re watching this at home, imagine how you would feel watching this committee proceeding if you knew that your marriage only existed by a one-vote margin on this court,” Buttigieg said.
WIBC host Tony Katz accused Buttigieg of being “purposefully misleading” in his comments.
“The two Justices on the court to whom he is referring are Clarence Thomas and Samuel Alito. The argument they make is sound, which is that Obergefell created a law where one did not exist, and that’s not something the Supreme Court can do. Obergefell should be overturned on that basis.
“You cannot decide that the Constitution says something that it doesn’t say. You can, however, go about creating laws to therefore codify things.”
Supreme Court nominee Amy Coney Barrett said during Tuesday’s proceedings that challenges to Obergefell v. Hodges would “most likely” be struck down by district courts. Therefore, it would be unlikely that the Supreme Court would even hear the case.
“I would never discriminate on the basis of sexual preference,” said Barrett “Judges can’t just wake up one day and say, ‘I have an agenda. I like guns, I hate guns, I like abortion, I hate abortion,’ and walk in like a royal queen and impose their will on the world,” she added.
Click below to hear more from WIBC host Tony Katz.