It had only been approved by the fda and 1960. 50 years later, the right to privacy would be invoked again in another landmark supreme court case versus hodges. via the due process clause of the 14th amendment, the same sex couples have a fundamental right to marriage, just like everyone else. years later, there are justices who still don t think that the court made the right decision regarding same sex marriage. in 2020, justices clarence thomas and alito wrote in a gestation that the court was wrong to endorse, a novel constitutional right, meaning same sex marriage over the religious liberty interest explicitly protected in the first amendment. by doing so, undemocratically, it has created a problem that only the court can fix. until then, obergefell will continue to have a ruinous consequences for religious liberty. and quote. legal experts have been