Ten years after the Obergefell v. Hodges ruling established same-sex marriage nationwide, conservative efforts to overturn the decision are intensifying. Prominent figures like Mat Staver predict the overruling of Obergefell, citing a lack of constitutional basis for same-sex marriage. Legislative actions, such as Oklahoma’s proposed tax credit bill, indirectly challenge the ruling, while the Respect for Marriage Act, passed in 2022, offers some protection. Despite majority public support for same-sex marriage, the ongoing debate reflects the ongoing political and legal battle over LGBTQ+ rights.
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Following the overturning of Roe v. Wade, concerns have arisen regarding the potential reversal of Obergefell v. Hodges, which legalized same-sex marriage. While some justices have previously expressed dissent towards Obergefell, legal experts maintain that marriage equality remains secure, at least in the foreseeable future. However, the Respect for Marriage Act, along with state-level protections, has been enacted to safeguard same-sex marriage should the Supreme Court act to overturn Obergefell. Despite these measures, anxiety persists among some same-sex couples.
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Following Donald Trump’s 2024 election win, anxieties surrounding same-sex marriage rights have surged, prompting some couples to accelerate wedding plans. While Trump didn’t directly target same-sex marriage during his campaign, concerns stem from his past anti-LGBTQ rhetoric and the Supreme Court’s conservative shift. Current protections include the *Obergefell* ruling and the Respect for Marriage Act, but the possibility of the Court overturning *Obergefell* and subsequent state-level bans remains a significant worry for LGBTQ advocates. Although eliminating same-sex marriage doesn’t appear to be a top priority for the new administration, the potential for future legislative or judicial challenges persists.
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John Q. Hosedrinker