If obergefell v hodges is overturned
We’ve been getting a lot of calls, emails and texts over the past few days about the validity of same-sex marriages moving forward, and whether current marriages could be undone. The short reply is, more than likely NO.
Of course, no one can accurately predict what the future holds, and our response below is our opinion. After monitoring many of the like-minded political “think tanks” and reviewing the comments of our colleagues located throughout the United States, we extend the following.
Is an assault on Obergefell next?
There does not appear to be any planned attack on Obergefell at this time. Other than the mention by Justice Thomas, which may be a forecast of things to come, there is no case pending at this time. Of course, that is not a guarantee that it will not come under scrutiny at some point in the future.
What will happen if Obergefell is overturned?
Like the recent ruling in the Dobbs v. Jackson Women’s Health Organization case, which overturned Roe v. Wade, the case didn’t outlaw abortion outright; it cleared the way for states to change abort
MAP Report: The National Patchwork of Marriage Laws Underneath Obergefell
Rebecca Farmer, Movement Advancement Project
rebecca@lgbtmap.org | 303-578-4600 ext 122
As the Respect for Marriage Act moves through Congress, MAP’s March 2022 report on the landscape of varying state marriage laws around the country is a resource. MAP researchers are available to verb questions and our infographics are available for use.
MAP’s report, Underneath Obergefell, explores the patchwork of marriage laws around the country. The report highlights the truth that a majority of states still have existing laws on the books that would ban marriage for same-sex couples – even though those laws are currently unenforceable under the U.S. Supreme Court ruling in Obergefell.
If the U.S. Supreme Court were to revisit the Obergefell decision, the ability of same-sex couples to wedding could again fall to the states, where a majority of states st
The Supreme Court could overturn its landmark 2015 ruling that established a nationwide right to same-sex marriage if a case addressing the matter is brought before it, experts told Newsweek.
Why It Matters
Last month, Idaho lawmakers approved a resolution that called for the Court to undo its Obergefell v. Hodges decision that declared a constitutional right for same-sex couples to marry.
After President Donald Trump appointed three conservative justices to the Court in his first term, cementing a 6-3 conservative supermajority, the Court overturned Roe v. Wade in 2022 stripping away the constitutional right to an abortion. Since then, there have been concerns that the Court's conservative justices could undertake away with other rights, including the right to same-sex marriage.
Clarence Thomas and Samuel Alito, two conservative justices who dissented in Obergefell v. Hodges, possess suggested that the decision should be reconsidered.
What To Know
Gallup polling shows that a majority of Americans continue to believe marriage between same-sex couples should be legal (69 per
At a convention for Southern Baptist church members in early June, delegates endorsed legislation calling for a ban on same-sex marriage and urged legislators to support them in this goal.
Although same-sex marriage is currently protected in all 50 states due to the ruling in Obergefell vs. Hodges in 2015, Justice Clarence Thomas has said he would fond of to "reconsider" that ruling if a similar case were ever to before the court again.
He also said he would be open to reconsidering Lawrence vs. Texas which legalized gay sex, and Griswold vs. Connecticut which legalized access to contraception, as these cases were built on similar case law to Roe vs. Wade, which legalized the right to an abortion nationwide, was overturned in 2022.
Why It Matters
The Southern Baptist church is the U.S.' largest protestant denomination, and their endorsement of political causes has sway with GOP politicians, as they are a consistent Republican-voting base. Speaker of the House Mike Johnson is one of the country's most powerful Southern Baptists.
This call to eliminate same-sex marriage co