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Justice Alito worries about improperly removing jurors with ‘traditional religious beliefs’
Washington Examiner ^ | February 20, 2024 | Kaelan Deese

Posted on 02/21/2024 8:13:15 AM PST by Twotone

Supreme Court Justice Samuel Alito raised concerns on Tuesday about potential jurors who hold “traditional religious beliefs” on homosexuality being labeled as “bigots,” according to a statement attached to an orders list.

The Supreme Court on Tuesday declined to weigh a case about whether potential jurors can be excluded based on their sincere religious beliefs. The case surrounded a lawsuit by Jean Finney, who is lesbian, against her former employer, the Missouri Department of Corrections, for workplace discrimination due to her sexuality.

Alito, one of the high court’s six Republican-appointed justices, issued a statement toward the bottom of Tuesday’s orders list that agreed with the decision not to hear the lawsuit, but warned that he felt that there were potential negative implications underlying the appeals court’s decision in Finney’s favor.

“That holding exemplifies the danger that I anticipated in Obergefell v. Hodges,” Alito said, citing the 2015 case that found same-sex couples can be married under two clauses of the 14th Amendment.

Alito highlighted his previous concerns 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.”

During jury selection for Finney’s trial, which she won, her lawyer requested that the judge remove three Christian jurors who expressed their beliefs that homosexuality is a sin, arguing the jurors’ beliefs could serve as a bias that would taint the final decision. Missouri appealed the decision, arguing that the jury process had been discriminatory on religious grounds. An appeals court held that the jurors were eliminated due to their beliefs, not because they were Christians. The state then appealed to the Supreme Court, which declined to weigh the case.

The former President George W. Bush appointee’s statement appeared to show a continuation of his discomfort with Obergefell, which was decided by a narrow 5-4 vote.

Since 2015, both Alito and Justice Clarence Thomas have appeared to nudge their colleagues toward potentially reconsidering the 2015 ruling. They contend that the 5-4 decision concocted a right not based in the text of the Constitution and that it had cast “people of good will as bigots.”

Only two members of the court who were in the Obergefell majority, Justices Sonia Sotomayor and Elena Kagan, remain on the court.

The Supreme Court by 2020 was transformed into a 6-3 Republican-appointed majority with the help of former President Donald Trump, who nominated Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the bench.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; News/Current Events; Politics/Elections
KEYWORDS: homofascism; jurors; justicealito; religiousbeliefs
I've always felt that the only legitimate question to ask a potential juror is whether they know or have a relationship with anyone involved in the court case at hand.
1 posted on 02/21/2024 8:13:15 AM PST by Twotone
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To: Twotone

What about non-religious people who think sodomy is disgusting? They still get bounced for having an opinion?


2 posted on 02/21/2024 8:16:10 AM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: Twotone

bttt


3 posted on 02/21/2024 8:24:04 AM PST by linMcHlp
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To: BenLurkin

I could imagine booting potential jurors who approve of lesbian relationships could be allowed.


4 posted on 02/21/2024 8:50:51 AM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Twotone
I've always felt that the only legitimate question to ask a potential juror is whether they know or have a relationship with anyone involved in the court case at hand.

Actually, even that is too broad. For a lot of our history, our communities were small enough that virtually everyone knew each other. Juries would often sit on cases where they knew someone involved, if not the principals then the lawyers, etc. For that matter, the judge usually knew the people involved.

My one legitimate question is: Do you have a personal interest or benefit from this trial beyond the interest that all citizens have in a just and orderly society?

That will still get most of the close relatives, etc. out of the jury. But just because you know someone is not reason to be excluded.
5 posted on 02/21/2024 8:57:32 AM PST by Phlyer
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; BraveMan; cardinal4; ...

6 posted on 02/21/2024 9:07:59 AM PST by SunkenCiv (Putin should skip ahead to where he kills himself in the bunker.)
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To: Twotone
Sammy is complaining 'bout nuthin, he could bring in religious liberty cases and throw shade (lol) on Obergefell; but he won't strong-arm Roberts in the same way that Roberts quashed Alito's 4th vote to take Republican Party v Boockvar that would have laid bare the 3 days of 2020 post-election electoral fraud that took place in Hickhoodsylvania.
7 posted on 02/21/2024 9:28:06 AM PST by StAnDeliver (TrumpII)
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To: Twotone

The legal system is such a clown show.


8 posted on 02/21/2024 10:06:13 AM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: StAnDeliver

The Supreme Court’s cowardice, avarice and deviant thinking is rapidly propelling it to irrelevance. Their moral compromises are ending their era of authority.
They are already being ignored sometimes, and even overruled by Aloha.


9 posted on 02/21/2024 10:14:51 AM PST by DesertRhino (16 Star Wars, 2020 The Empire Strikes Back, 2024... RETURN OF THE JEDI)
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