Why gay marriage won t be overturned

Ron Mackovich-Rodriguez June 25, Listen Share. Justice Samuel Alito has echoed those sentiments, tacitly inviting legal challenges. In a concurring opinion, Justice Clarence Thomas explicitly called for the Court to revisit Obergefell. Often, people's families and friends help contribute to the wedding, and there are a lot of people relying on the fact that they are getting married.

Williams Institute research shows an estimated 1. A recently released study from the Williams Institute found that the number of married same-sex couples has more than doubled since the Obergefell decision. Search Newsroom Submit search. Hodges, the Supreme Court case that made same-sex marriage legal nationwide, is different.

The Supreme Court could overturn its landmark ruling that established a nationwide right to same-sex marriage if a case addressing the matter is brought before it, experts told Newsweek. Those in need of care could travel to states that still offer access, creating a patchwork system not dissimilar to same-sex couples seeking marriage prior to Obergefell.

Although support has dipped slightly in recent years among subsets of the population, public opinion polls have shown enduring majority support for same-sex marriage. Milestones — especially in decades — usually call for celebration. While Sears believes the legal arguments in favor of Obergefell are strong, he adds a note of caution.

Despite the direction of the Supreme Court, Sears argues that Obergefell is not on the same legal footing as Roe v. Marriage, Sears says, is deeply embedded in legal, financial and familial systems. Hodges is not at risk of being overturned, no matter who replaces. Hodges, some wonder how long that may last.

A potential reversal casts shadows on same-sex marriage. All RSS Feeds. If overturned, there are currently 31 states, according to a report released earlier this month by the institute, where same-sex couples would be particularly vulnerable because of statutes or constitutional amendments in place that ban marriage equality.

The 10th anniversary of Obergefell v. While some saw this as progress in solidfying federal civil rights protections for LGBTQ people, Sears and others see complexity, especially as recent data has shown increased support among Republicans for restrictive bathroom bills.

Sign up for a daily briefing. Copy Link. So this extension of reliance extends far beyond the couple. If overturned, there are currently 31 states, according to a report released earlier this month by the institute, where same-sex couples would be particularly vulnerable because of statutes or constitutional amendments in place that ban marriage equality.

Roe was based squarely in privacy rights under due process. Another key distinction is the legal concept of reliance, which in part acknowledges contractual agreements. Its amicus brief in the Obergefell case was instrumental, with Justice Anthony Kennedy citing data from the institute on the number of same-sex couples raising children as a deciding factor in the landmark decision.

Wade, rescinding the national right to abortion and raising fears for progressive policies. In tomorrow's WSJ, the Cato Institute's Walter Olson explains why the Supreme Court's landmark decision in OBergefell v. Same-sex marriage has been legal for 10 years, but with a Supreme Court dishing losses to LGBTQ causes and calls for a revisit of Obergefell v.

The decision impacts the , transgender youth ages who live in Tennessee and 24 other states that have similar laws banning access to gender-affirming care for transgender youth. The national conversation around marriage may have actually revitalized marriage overall.

Close menu. Eventually, they have a wedding. Seven years after Obergefell, the Supreme Court overturned Roe v. Still, in the current political climate, the majority of married same-sex couples surveyed by the institute worry about the future of marriage equality and its possible return to the Supreme Court.