Will the supreme court overturn gay marriage
At a convention for Southern Baptist church members in early 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 2015, Justice Clarence Thomas has said he would favor to "reconsider" that decision 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 commandment to Roe vs. Wade, which legalized the right to an abortion nationwide, was overturned in 2022.
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 House Mike Johnson is one of the country's most powerful Southern Baptists.
This call to eliminate gay marriage comes amid an existing push from President Donald Trump's administration to remove transgender people
The New Gay Marriage Bill
This week, Roger Severino, Heritage’s Vice President of Domestic Policy and The Anderlik Fellow, breaks down the so called “Respect for Marriage Act.”
Michelle Cordero: From The Heritage Foundation, I'm Michelle Cordero, and this is Heritage Explains.
Cordero: This summer in the get up of the Supreme Court's decision to overturn Roe v. Wade, Congress introduced the Respect For Marriage Act.
Speaker 2: As abortion rights advocates and Democratic lawmakers continue to protest the Supreme Court's decision to overturn Roe v. Wade, the Property is voting on a bill to protect marriage equality, out of terror the conservative tall court could revisit other landmark decisions.
Speaker 3: It simply says each articulate will recognize the other state's marriages and not reject a person the right to unite based on race, gender, sexual orientation.
Cordero: The legislation passed the House with the support of 47 Republicans. It now moves to the Senate where it would demand just 10 Republican votes to pass.
Cordero: Final passage would mean states are no longer allowed to define and recognize marriage as a legal union between a dude and a female. Instead, they
Some Republican lawmakers grow calls against lgbtq+ marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark 2015 decision 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 acquire followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the mention House with a vote of 52-40 and is headed to the Senate. In South Dakota, the state’s Property Judiciary Committee sent the proposal on the 41st Legislative Day –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 contain yet to meet legislative scrutiny.
Resolutions include no legal command and are not binding law, but instead allow legislative bodies to articulate their collective opinions.
The resolutions in four other states ech
What Happens if Obergefell is Overturned?
The Trump Administration and Project 2025 have a target to overturn Obergefell v. Hodges, the landmark Supreme Court decision that legalized same-sex marriage across the USA.
- How would it get 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 wed is based on two key Supreme Court cases:
United States v. Windsor (2013)
- Edith Windsor challenged the federal government’s definition of marriage as only between one male and one woman under the Defense of Marriage Act (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 recognize any marriage legally performed in a state.
Obergefell v. Hodges (2015)
- The Supreme Court ruled:
“[T]he right to marry is a fundamental right inherent in the