Can the supreme court overturn same sex marriage
The Supreme Court could overturn its landmark 2015 decree 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 carry out 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, hold suggested that the choice 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 percent), though support has declined slightly from the write down high of 71 percent recorded in 2022 and
After 775K gay marriages, Americans are still fighting for rights 10 years later
- Several states have introduced resolutions or bills challenging same-sex marriage, while others contain unenforceable bans that could be reinstated if the Supreme Court overturns Obergefell v. Hodges.
- Public assist for same-sex marriage remains high, but there are continuing legislative efforts targeting the LGBTQ+ collective, particularly transgender individuals.
- Legal experts believe overturning Obergefell is feasible, highlighting the vulnerability of LGBTQ+ rights.
Ten years ago, Ohioan Jim Obergefell catapulted into the national spotlight as the guy who took gay marriage to the U.S. Supreme Court and won the right for millions of people like him and his husband.
A decade later Obergefell, who was born in Sandusky and lived in Cincinnati, is worried about a fierce backlash against diversity, equity and inclusion, transgender Americans and marriage equality.
In 10 states, declare legislators have attacked same sex marriage by introducing resolutions urging the U.S. Supreme Court to overturn the landmark ruling and introducing bills to produce a special "covenant marriage" category for heterosexual
Some Republican lawmakers increase calls against gay marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark 2015 ruling on same-sex marriage equality.
Idaho legislators began the trend in January when the state Dwelling and Senate passed a resolution calling on the Supreme Court to reconsider its decision -- which the court cannot execute 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 have followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the state House with a vote of 52-40 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 terminal 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 authority and are not binding law, but instead approve legislative bodies to express their collective opinions.
The resolutions in four other states ech
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 different. There’s a sense of unease as state and federal lawmakers, as well as several judges, take steps that could transport the issue support 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 Rule has been on the front lines of LGBTQ rights. Its amicus concise in the Obergefell case was instrumental, with Justice Anthony Kennedy citing numbers 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 homosexual couples to partner would somehow devalue or diminish marriage for everyone, including different-sex couples,” said Brad Sears, a distinguished senior scholar of law and policy at the Williams Institute. &