In Gratuitously Attacking Marriage Equality, Clarence Thomas Accidentally Raised an Important Question About the Scope of Religious Liberty

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a statement by Justice Clarence Thomas (joined by Justice Samuel Alito) gratuitously expressing his hostility to the Court’s same-sex marriage decision in Obergefell v. Hodges and his sympathy for Kim Davis, a county clerk in Kentucky who refused to issue marriage licenses to same-sex couples even after the Supreme Court’s decision. Although Justice Thomas characterizes Davis and those like her as people who “refus[e] to alter their religious beliefs in the wake of prevailing orthodoxy,” Dorf points out that no one asked Davis to alter her religious beliefs. Rather, the lawsuit against her contends that she must provide services to the public in accordance with their constitutional rights, whatever her religious beliefs.

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Martin v. Duffy

Docket: 18-7122

Opinion Date: October 13, 2020

Judge: Roger L. Gregory

Areas of Law: Civil Rights, Constitutional Law

The Fourth Circuit held that Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977), which applies a burden-shifting framework, provides the appropriate framework for reviewing inmates' First Amendment retaliation claims. However, the court held that the district court improperly resolved genuine disputes of material fact in defendant's favor. In this case, the district court erred in crediting defendant's reasons for segregating plaintiff because, at the summary judgment stage, a court must view all facts in the light most favorable to the non-moving party. Doing so here, a reasonable juror could find that defendant placed plaintiff in segregation and kept him segregated for impermissible reasons. The court took the opportunity to reemphasize the well-settled principle that an action motivated by retaliation for the exercise of a constitutionally protected right is actionable, even if the act, when taken for a different reason, might have been legitimate. The court reversed the district court's grant of summary judgment and remanded for further proceedings.