Will the supreme court reverse gay marriage
The Supreme Court could overturn its landmark 2015 decision 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 perform 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, include suggested that the verdict 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 tape high of 71 percent recorded in 2022 and
Could SCOTUS roll assist same-sex marriage? Local LGBTQ+ families rush to protect themselves
CHICAGO (WLS) -- As CEO of Equality Illinois, Brian Johnson's life's work is protecting LGBTQ+ rights.
But with a second Donald Trump administration, it has develop personal, as Johnson is worried about his own family.
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"The risk is not just about my relationship with my husband. The chance is to our entire family and the unit that we have created to protect our daughter," Johnson said.
Since Trump was elected, Johnson says, Equality Illinois has received dozens of smartphone calls, emails and social media messages from gay married couples who are concerned that the Trump administration will undermine their federal rights to marriage equality.
"We know that there are fierce opponents to our relationships who are coming to influence in Washington that will do whatever they can in the most artistic ways possible to chip away at our rights," Johnson said.
The concern is a conservative U.S. Supreme Court may overturn marriage equality and Congress may scale back the Respect for Marriage Act.
"Some of the co
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 skillfully as several judges, get steps that could fetch the issue back to the Supreme Court, which could undermine or overturn existing and future homosexual marriages and weaken additional anti-discrimination protections.
In its nearly quarter century of life, the Williams Institute at UCLA School of Statute has been on the front lines of LGBTQ rights. Its amicus terse in the Obergefell case was instrumental, with Justice Anthony Kennedy citing facts from the institute on the number of lgbtq+ couples raising children as a deciding factor in the landmark decision.
“There were claims that allowing homosexual couples to marry 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. &
Some Republican lawmakers raise calls against queer marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark 2015 decision 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 express House with a vote of 52-40 and is headed to the Senate. In South Dakota, the state’s Dwelling 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 possess yet to meet legislative scrutiny.
Resolutions own no legal rule and are not binding law, but instead allow legislative bodies to communicate their collective opinions.
The resolutions in four other states ech
Idaho Republican legislators call on SCOTUS to reverse gay marriage ruling
The Idaho Dwelling passed a resolution Monday calling on the Supreme Court to reconsider its 2015 decision on queer marriage equality.
The court’s Obergefell v. Hodges decision established the right to lgbtq+ marriage under the matching protection clause and the due process clause of the 14th Amendment.
The resolution comes after Associate Justice Clarence Thomas’s expressed interest in revisiting the Obergefell decision in his concurring opinion on the Supreme Court's landmark 2022 view on Dobbs v. Jackson Women's Health Organization that overturned the federal right to abortion.
Thomas, who issued a dissenting opinion in 2015 against same-sex marriage, wrote in 2022, "In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process judgment is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents."
Lawrence v. Texas overturned a rule criminalizing same-sex sexual actions and Griswold v. Connecticut ov