Gay marriage reversed
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 commit 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 bloke 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 ()
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 answer 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 offer the following.
Is an attack on Obergefell next?
There does not appear to be any planned assault on Obergefell at this period. Other than the mention by Justice Thomas, which may be a forecast of things to come, there is no case pending at this moment. Of course, that is not a guarantee that it will not approach under scrutiny at some point in the future.
What will happen if Obergefell is overturned?
Like the recent judgment 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 alter abort
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 adv as several judges, obtain steps that could transport the issue back to the Supreme Court, which could undermine or overturn existing and future queer marriages and weaken additional anti-discrimination protections.
In its nearly quarter century of being, the Williams Institute at UCLA School of Regulation has been on the front lines of LGBTQ rights. Its amicus terse in the Obergefell case was instrumental, with Justice Anthony Kennedy citing numbers from the institute on the number of homosexual couples raising children as a deciding factor in the landmark decision.
“There were claims that allowing gay couples to marry would somehow devalue or diminish marriage for everyone, including different-sex couples,&r
Some Republican lawmakers increase calls against gay marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark judgment 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 judgment -- which the court cannot do unless presented with a case on the issue. Some Republican lawmakers in at least four other states appreciate Michigan, Montana, North Dakota and South Dakota include followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the state Dwelling with a vote of and is headed to the Senate. In South Dakota, the state’s Home Judiciary Committee sent the proposal on the 41st Legislative Day –deferring the bill to the closing 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 permit legislati