What happens if gay marriage overturned
At a convention for Southern Baptist church members in early June, delegates endorsed legislation calling for a ban on same-sex marriage and urged legislators to support them in this goal.
Although same-sex marriage is currently protected in all 50 states due to the ruling in Obergefell vs. Hodges in , Justice Clarence Thomas has said he would fond to "reconsider" that verdict if a similar case were ever to before the court again.
He also said he would be open to reconsidering Lawrence vs. Texas which legalized gay sex, and Griswold vs. Connecticut which legalized access to contraception, as these cases were built on similar case commandment to Roe vs. Wade, which legalized the right to an abortion nationwide, was overturned in
Why It Matters
The Southern Baptist church is the U.S.' largest protestant denomination, and their endorsement of political causes has sway with GOP politicians, as they are a consistent Republican-voting base. Speaker of the House Mike Johnson is one of the country's most powerful Southern Baptists.
This call to eliminate gay marriage comes amid an existing push from President Donald Trump's administration to remove transgender people from publ
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 marry 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 man 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 ()
- The Supreme Court ruled:
“[T]he right to marry is a fundamental right inherent in the liberty of tMAP Report: The National Patchwork of Marriage Laws Underneath Obergefell
MEDIA CONTACT:
Rebecca Farmer, Movement Advancement Project
rebecca@ | ext
As the Respect for Marriage Perform moves through Congress, MAP’s March report on the landscape of varying state marriage laws around the country is a resource. MAP researchers are available to answer questions and our infographics are available for use.
MAP’s report, Underneath Obergefell, explores the patchwork of marriage laws around the country. The state highlights the fact that a majority of states still have 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 verdict in Obergefell.If the U.S. Supreme Court were to revisit the Obergefell judgment, the ability of homosexual couples to marry could again fall to the states, where a majority of states still contain in place both bans in the law and in state constitutions.
The policy landscape for articulate marriage laws can be broken into four major categories (shown in the image abov
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 address 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 proofreading the comments of our colleagues located throughout the United States, we suggest the following.
Is an ambush on Obergefell next?
There does not appear to be any planned attack 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 verdict 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 refashion abortion laws state-by-state.
Were Obergefell to be overturned (and we execute not believe this will happen
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