Sen. John Cornyn, R-Texas, asked Judge Ketanji Brown Jackson about same-sex marriage and the law on the second day of the Supreme Court nominee’s confirmation hearings.
Cornyn brought up the 2015 case Obergefell v. Hodges, in which the Supreme Court established marriage equality under the due process and equal protection clauses of the Constitution.
“Isn’t it apparent that when the Supreme Court decides that something that is not even in the Constitution is a fundamental right, and no state can pass any law that conflicts with the Supreme Court’s edict, particularly in an area where people have sincerely held religious beliefs, doesn’t that necessarily create a conflict between what people may believe is a matter of their religious doctrine or faith and what the federal government says is the law of the land?” Cornyn asked.
“Well, Senator, that is the nature of a right,” Jackson said. “That, when there is a right, it means that there are limitations on regulation, even if people are regulating pursuant to their sincerely held religious beliefs.”
Jackson was nominated by President Joe Biden in February to replace retiring Supreme Court Justice Stephen Breyer. If confirmed, she will be the first Black woman on the high court. After opening statements from Jackson, her colleagues and the senators March 21, senators will spend two days questioning Jackson at length about her rulings and judicial philosophy. On the final day of the hearings March 24, the Senate Judiciary Committee will hear from friends and colleagues of Jackson about her temperament and approach to the law.
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