When will gay marriage be overturned
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 adj. There’s a sense of unease as state and federal lawmakers, as well as several judges, take steps that could convey 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
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 possess followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the express 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 rule and are not binding law, but instead allow legislati
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 bond 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 ()
After K gay marriages, Americans are still fighting for rights 10 years later
- Several states have introduced resolutions or bills challenging same-sex marriage, while others have unenforceable bans that could be reinstated if the Supreme Court overturns Obergefell v. Hodges.
- Public support for same-sex marriage remains high, but there are ongoing legislative efforts targeting the LGBTQ+ community, particularly transgender individuals.
- Legal experts believe overturning Obergefell is possible, 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 enjoy 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 landma