What happens to married couples if gay marriage is overturned
The Supreme Court could overturn its landmark ruling 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 lgbtq+ couples to marry.
After President Donald Trump appointed three conservative justices to the Court in his first term, cementing a conservative supermajority, the Court overturned Roe v. Wade in stripping away the constitutional right to an abortion. Since then, there own been concerns that the Court's conservative justices could do 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, have suggested that the decision should be reconsidered.
What To Know
Gallup polling shows that a majority of Americans continue to trust marriage between same-sex couples should be legal (69 percent), though
MAP Report: The National Patchwork of Marriage Laws Underneath Obergefell
Rebecca Farmer, Movement Advancement Project
rebecca@ | ext
As the Respect for Marriage Operate moves through Congress, MAP’s March report on the landscape of varying state marriage laws around the country is a resource. Chart researchers are obtainable to answer questions and our infographics are available for use.
MAP’s report, Underneath Obergefell, explores the patchwork of marriage laws around the land. The report highlights the fact that a majority of states still hold existing laws on the books that would ban marriage for same-sex couples – even though those laws are currently unenforceable under the U.S. Supreme Court ruling in Obergefell.
If the U.S. Supreme Court were to revisit the Obergefell decision, the ability of lgbtq+ couples to bond could again tumble to the states, where a majority of states still have in place both bans in the law and in state constitutions.
The policy
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 watching 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 invade on Obergefell next?
There does not arrive to be any planned assault on Obergefell at this time. Other than the mention by Justice Thomas, which may be a forecast of things to come, there is no case pending at this time. Of course, that is not a guarantee that it will not come under scrutiny at some point in the future.
What will happen if Obergefell is overturned?
Like the recent ruling 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 reshape abort
Idaho Republican legislators call on SCOTUS to reverse homosexual marriage ruling
The Idaho Residence passed a resolution Monday calling on the Supreme Court to reconsider its decision on same-sex marriage equality.
The court’s Obergefell v. Hodges decision established the right to same-sex marriage under the equal 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 conclusion in his concurring notion on the Supreme Court's landmark opinion on Dobbs v. Jackson Women's Health Organization that overturned the federal right to abortion.
Thomas, who issued a dissenting opinion in against queer marriage, wrote in , "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 decision is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents."
Lawrence v. Texas over