Overturn obergefell v. hodges

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. If you’ve been paying attention, you know the Supreme Court is gunning for Obergefell, the landmark case that held there is a federal constitutional right to same-sex marriage. M ilestones — 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 bring the issue back to the Supreme Court, which could undermine or overturn existing.

W hen the Supreme Court overturned the landmark abortion case Roe v. Wade this summer, Justice Clarence Thomas’s concurring opinion named several other cases he wants the high court to. Obergefell v. Hodges was a decision wherein the Court ruled that state bans on same-sex marriage violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Hodges decision legalized same-sex marriage nationwide, some advocates fear the fight for marriage equality is far from over.

Among them is Jim Obergefell, the plaintiff in the case, who became the face of the decision and has continued to advocate for LGBTQ rights. But Obergefell said he fears recent comments from conservative Supreme Court justices may signal a willingness to overturn it, particularly after the court overturned Roe v.

Wade in , ending the constitutional right to abortion.

In his concurring opinion in Dobbs v. Justice Samuel Alito, in a separate opinion , also expressed concerns about the Obergefell decision, warning that Americans who oppose same-sex marriage on religious grounds could be labeled as bigots. Over the past several months, Republican lawmakers in at least 10 states have introduced measures aimed at undermining same-sex marriage rights.

These measures, many of which were crafted with the help of the anti-marriage equality group MassResistance, seek to ask the Supreme Court to overturn Obergefell. The group said it believes marriage laws should be left to states, and they question the constitutional basis of the 5-to-4 Dobbs ruling.

Despite the court’s originalist shift since

NBC News reached out to the authors of these state measures, but they either declined an interview or did not respond. They married on the tarmac before flying home. Arthur died before the Supreme Court's decision was handed down. And there are many pressing issues out there. Public support for same-sex marriage has grown significantly over the past decade.

This point gap between the parties is the widest since Gallup started tracking the issue in The Respect for Marriage Act , signed into law by Joe Biden in , provides some federal protections for same-sex marriage, but it stops short of requiring all states to grant marriage licenses to same-sex couples.

Bonauto said that despite any ebbing of public support in certain quarters, the ramifications of overturning Obergefell would be immense, not only for same-sex couples, but for the institutions now accustomed to marriage equality. Regardless of the current political environment and his own fears, Obergefell said he remains hopeful. IE 11 is not supported.

For an optimal experience visit our site on another browser. Skip to Content. NBC News Logo. Search Search. Profile My News Sign Out. Sign In Create your free profile. Sections U. Follow NBC News. Latest Stories U. By Steven Romo. Clockwise from top: Jim Obergefell after the Supreme Court legalized same-sex marriage nationwide on June 26, At home, a framed photo of his late husband, John Arthur, who died of ALS before the decision was handed down, next to a photo of Obergefell with Barack Obama.

Obergefell on the phone with Obama on the steps of the Supreme Court after the court's landmark decision.