During oral arguments made in the same-sex marriage case heard by the Supreme Court on Tuesday (Obergefell v. Hodges), Justices Roberts and Alito questioned Solicitor General Donald Verrilli about the rights of religious schools if the Court decides to impose same-sex marriage on the states.
Justice Roberts asked if religious schools that provide housing to married students would be required to offer such housing to same-sex couples. Verrilli demurred, saying there is currently no federal law banning discrimination based on sexual orientation. “Those issues are going to have to be worked out,” he said.
Not satisfied with that answer, Justice Alito brought up the Bob Jones case, where the Court held that a college was not entitled to tax-exempt status if it opposed interracial marriage or interracial dating. He asked if the same would apply to a college or university that opposed same-sex marriage.
“You know, I don’t think I can answer that question without knowing more specifics, but it’s certainly going to be an issue,” Verrilli said. “I don’t deny that. I don’t deny that, Justice Alito. It’s going to be an issue.”
Suddenly we have a clear, unambiguous answer for those who have been bleating, “Yeah, but how would gay marriage affect you personally?” It’s not that proponents of traditional marriage haven’t been saying this all along, but now we have it on the record — from the lips of Obama’s lawyer to the ears of the masses: We’re coming for your Christian schools.