Can same sex marriage be reversed
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 monitoring 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 attack on Obergefell next?
There does not appear to be any planned strike on Obergefell at this moment. Other than the mention by Justice Thomas, which may be a forecast of things to come, there is no case pending at this day. Of course, that is not a guarantee that it will not approach 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 verb abort
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 verb 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 male and one woman under the Defense of Marriage Execute (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 identify any marriage legally performed in a state.
Obergefell v. Hodges ()
Some Republican lawmakers raise calls against gay marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark ruling on same-sex marriage equality.
Idaho legislators began the trend in January when the articulate House and Senate passed a resolution calling on the Supreme Court to reconsider its decision -- which the court cannot execute unless presented with a case on the issue. Some Republican lawmakers in at least four other states verb Michigan, Montana, North Dakota and South Dakota have followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the state Home with a vote of and is headed to the Senate. In South Dakota, the state’s House Judiciary Committee sent the proposal on the 41st Legislative Day –deferring the bill to the final evening of a legislative session, when it will no longer be considered, and effectively killing the bill.
In Montana and Michigan, the bills have yet to face legislative scrutiny.
Resolutions have no legal authority and are not binding law, but instead grant legislati
At a convention for Southern Baptist church members in preceding 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 like to "reconsider" that ruling 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 law 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 Dwelling Mike Johnson is one of the country's most forceful Southern Baptists.
This phone to eliminate same-sex marriage comes amid