Could obergefell be overturned
The Supreme Court could overturn its landmark 2015 ruling that established a nationwide right to queer 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 queer couples to marry.
After President Donald Trump appointed three conservative justices to the Court in his first term, cementing a 6-3 conservative supermajority, the Court overturned Roe v. Wade in 2022 stripping away the constitutional right to an abortion. Since then, there contain been concerns that the Court's conservative justices could act away with other rights, including the right to homosexual marriage.
Clarence Thomas and Samuel Alito, two conservative justices who dissented in Obergefell v. Hodges, include suggested that the decision should be reconsidered.
What To Know
Gallup polling shows that a majority of Americans continue to believe marriage between same-sex couples should be legal (69 percent), though aid has declined slightly from the write down high of 71 percent recorded in 2022 and
A Republican lawmaker in Oklahoma has filed a resolution calling for the U.S. Supreme Court to strike down Obergefell v. Hodges, the landmark 2015 judgment that established the nationwide right to same-sex marriage.
Senate Concurrent Resolution 8, authored and sponsored by state Senator Dusty Deevers, was introduced on May 1.
Newsweek has contacted Deevers for comment via email.
Why It Matters
Since the Supreme Court overturned Roe v. Wade in 2022, ending the constitutional right to an abortion, there possess been concerns that the nation's extreme court could also do away with other rights, including the right to same-sex marriage.
Conservative lawmakers in several states, including Idaho and Montana, have introduced various measures encouraging the court to overturn Obergefell. Two conservative Supreme Court justices, Clarence Thomas and Samuel Alito, who both dissented in Obergefell, possess suggested that the decision should be reconsidered.
What To Know
The resolution states the decision in Obergefell "conflicts with the original public interpretation of the Joined States Constitution, the principles upon which the United States is established, and the deeply rooted
Some Republican lawmakers increase calls against gay marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark 2015 ruling on same-sex marriage equality.
Idaho legislators began the trend in January when the state House and Senate passed a resolution calling on the Supreme Court to reconsider its decision -- which the court cannot do unless presented with a case on the issue. Some Republican lawmakers in at least four other states like Michigan, Montana, North Dakota and South Dakota have followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the express House with a vote of 52-40 and is headed to the Senate. In South Dakota, the state’s House Judiciary Committee sent the proposal on the 41st Legislative Daytime –deferring the bill to the final day 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 confront legislative scrutiny.
Resolutions have no legal authority and are not binding law, but instead allow legislative bodies to express their collective opinions.
The resolutions in four other states ech
After 775K gay marriages, Americans are still fighting for rights 10 years later
- Several states have introduced resolutions or bills challenging gay marriage, while others have unenforceable bans that could be reinstated if the Supreme Court overturns Obergefell v. Hodges.
- Public support for same-sex marriage remains high, but there are ongoing legislative attempts targeting the LGBTQ+ community, particularly transgender individuals.
- Legal experts believe overturning Obergefell is possible, highlighting the vulnerability of LGBTQ+ rights.
Ten years ago, Ohioan Jim Obergefell catapulted into the national spotlight as the guy who took lgbtq+ marriage to the U.S. Supreme Court and won the right for millions of people enjoy him and his husband.
A decade later Obergefell, who was born in Sandusky and lived in Cincinnati, is worried about a fierce backlash against diversity, equity and inclusion, transgender Americans and marriage equality.
In 10 states, declare legislators have attacked same sex marriage by introducing resolutions urging the U.S. Supreme Court to overturn the landmark ruling and introducing bills to create a special "covenant marriage" category for heterosexual