Could obergefell v hodges be overturned
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 choice that established the nationwide right to same-sex marriage.
Senate Concurrent Resolution 8, authored and sponsored by express 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 have been concerns that the nation's highest court could also do away with other rights, including the right to same-sex marriage.
Conservative lawmakers in several states, including Idaho and Montana, contain introduced various measures encouraging the court to overturn Obergefell. Two conservative Supreme Court justices, Clarence Thomas and Samuel Alito, who both dissented in Obergefell, have suggested that the decision should be reconsidered.
What To Know
The resolution states the decision in Obergefell "conflicts with the authentic public meaning of the United States Constitution, the principles upon which the United States is established, and the deeply rooted
The Supreme Court could overturn its landmark 2015 judgment that established a nationwide right to same-sex 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 same-sex 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 have been concerns that the Court's conservative justices could act away with other rights, including the right to same-sex marriage.
Clarence Thomas and Samuel Alito, two conservative justices who dissented in Obergefell v. Hodges, contain suggested that the conclusion 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 support has declined slightly from the document high of 71 percent recorded in 2022 and
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 marry 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 man 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 theAfter 775K gay marriages, Americans are still fighting for rights 10 years later
- Several states have introduced resolutions or bills challenging homosexual marriage, while others acquire unenforceable bans that could be reinstated if the Supreme Court overturns Obergefell v. Hodges.
- Public support for same-sex marriage remains elevated, but there are uninterrupted legislative efforts targeting the LGBTQ+ community, particularly trans individuals.
- Legal experts believe overturning Obergefell is possible, spotlighting the vulnerability of Queer rights.
Ten years ago, Ohioan Jim Obergefell catapulted into the national spotlight as the guy who took gay marriage to the U.S. Supreme Court and won the right for millions of people favor 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, trans person Americans and marriage equality.
In 10 states, state 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
.