Summary
Conservative lawmakers and activists are pushing to overturn Obergefell v. Hodges, the 2015 Supreme Court ruling legalizing same-sex marriage. Liberty Counsel’s Mat Staver declared, “It’s just a matter of when.”
Some legislators, like Oklahoma Senator David Bullard, are introducing bills to challenge the ruling, while Justices Thomas and Alito have signaled interest in reconsidering it.
Though most Americans support same-sex marriage, the court’s conservative shift is concerning.
The 2022 Respect for Marriage Act ensures federal recognition but does not prevent states from restricting same-sex marriage if Obergefell is overturned.
Care to explain where in the constitution that gay marriage is protected?
Relevant excerpt: “…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;… nor deny to any person within its jurisdiction the equal protection of the laws.”
The amendment was not properly interpreted prior to 2015. It would be nearly impossible to change the interpretation at this point because it would need to be changes from “…nor deny to any person within its jurisdiction the equal protection of laws” to “…nor deny to any person within its jurisdiction the equal protection of laws; except for gay people”
There is nothing to overturn. This is not the same thing as Roe V Wade; which arguably did not have constitutional precident. Its clearly written in the 14th that all within the juridstiction of america are to have equal rights. 'Less there’s a fucking coup, that’s not changing.
In short; marriage is constitutionally protected as a fundamental right, and the 14th amendment establishes that all laws apply to everyone within the jurisdiction of the united states equally, regardless of background.
Marriage is also not constitutionally defined by gender, so there is no precedent to say “marriage is defined by the joining of a man and a woman” or anything along those lines, because marriage is not constitutionally defined anywhere. DOMA was thrown out because its unconstitutional; not because it was the right thing to do, just as Roe v. Wade was thrown out because it was unconstitutional; not because it was the right thing to do.