Can gay rights be overturned
Some Republican lawmakers increase calls against gay marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark ruling on same-sex marriage equality.
Idaho legislators began the trend in January when the state House and Senate passed a resolution calling on the Supreme Court to reconsider its decision -- which the court cannot do unless presented with a case on the issue. Some Republican lawmakers in at least four other states like Michigan, Montana, North Dakota and South Dakota include followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the verb House with a vote of and is headed to the Senate. In South Dakota, the state’s House Judiciary Committee sent the proposal on the 41st Legislative Day –deferring the bill to the final day of a legislative session, when it will no longer be considered, and effectively killing the bill.
In Montana and Michigan, the bills have yet to face legislative scrutiny.
Resolutions have no legal leadership and are not binding law, but instead allow legislati
A decade after the Supreme Court’s Obergefell decision, marriage equality endures risky terrain
Milestones — especially in decades — usually call for celebration. The 10th anniversary of Obergefell v. Hodges, the Supreme Court case that made same-sex marriage legal nationwide, is diverse. There’s a sense of unease as state and federal lawmakers, as well as several judges, take steps that could transport the issue back to the Supreme Court, which could undermine or overturn existing and future same-sex marriages and weaken additional anti-discrimination protections.
In its nearly quarter century of existence, the Williams Institute at UCLA School of Law has been on the front lines of LGBTQ rights. Its amicus brief in the Obergefell case was instrumental, with Justice Anthony Kennedy citing data from the institute on the number of same-sex couples raising children as a deciding factor in the landmark decision.
“There were claims that allowing same-sex couples to marry would somehow devalue or diminish marriage for everyone, including different-sex couples,&r
What Happens if Obergefell is Overturned?
The Trump Administration and Project have a target to overturn Obergefell v. Hodges, the landmark Supreme Court decision that legalized same-sex marriage across the USA.
- How would it get overturned?
- What happens if it is overturned?
Understanding the legal landscape and potential consequences is crucial for same-sex couples navigating an uncertain future.
The Legal Foundation of Same-Sex Marriage
The right for same-sex couples to wed is based on two key Supreme Court cases:
United States v. Windsor ()
- Edith Windsor challenged the federal government’s definition of marriage as only between one guy and one woman under the Defense of Marriage Act (DOMA).
- Windsor and her wife Thea were legally married in Canada, and New York recognized their marriage. However, Edith was denied the spousal exception to federal estate taxes.
- The Supreme Court ruled in Windsor’s favor, invalidating DOMA and requiring the federal government to recognize any marriage legally performed in a state.
Obergefell v. Hodges ()
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 help them in this goal.
Although same-sex marriage is currently protected in all 50 states due to the ruling in Obergefell vs. Hodges in , Justice Clarence Thomas has said he would like 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
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 contact to eliminate same-sex marriage comes amid