The re-election of Donald Trump has fueled fears that the Supreme Court could overturn Obergefell v. Hodges, the 2015 ruling that legalized same-sex marriage. With the Court already having reversed Roe v. Wade, concerns are mounting that LGBTQ rights could be next. Legal experts say the Court cannot revisit the case on its own—it must be raised through a legal challenge.
Professor Lawrence Friedman explained, “For the Court to overturn Obergefell, it would have to hear a case arguing for that result.” Justice Clarence Thomas has already suggested that same-sex marriage may not be protected under the Constitution. He also questioned other rights, like contraception access and even legal same-sex intimacy. However, some legal scholars believe the Court may hesitate. Professor Geoffrey Stone noted, “Some justices may want to maintain the Court’s credibility and avoid appearing politically motivated.”
Still, Republican lawmakers in Idaho recently passed a resolution urging the Court to reconsider marriage equality. Experts warn that similar efforts could follow in other states. These attempts may be underway to explore legal challenges, even placing ridiculous standards on the limits of marriage. This is likely the intended result to have the resolutions or even new law in a state to be challenged into Federal Court and then ultimately the Supreme Court.
While the Respect for Marriage Act offers some protections, it doesn’t stop states from refusing to issue same-sex marriage licenses if Obergefell is overturned. Thirty-five states still have inactive bans that could be reactivated. Queer families are preparing for potential legal battles, knowing that the fight for equality may not be over. Social Justice activists suggest the one thing they know for sure is that the challenge to same-sex marriage has just begun in earnest.
