Activists concerned about the potential overturning of high court decisions like Obergefell v. Hodges are taking their concerns to the polls in states like California, Colorado, and Hawaii. Ballot measures in these states seek to remove language from their constitutions that currently prohibit same-sex marriage, even though the 2015 Obergefell ruling already guarantees this right across the country. The concern stems from recent high court decisions like Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and led to states enacting abortion bans previously deemed dormant.
Legal experts like Paul Smith and Mary Bonauto point to the conservative leanings of the current Supreme Court, with justices like Clarence Thomas and Samuel Alito hinting at the possibility of revisiting past decisions like Obergefell. The court’s conservative makeup has raised concerns among LGBTQ advocates, prompting efforts to proactively protect marriage rights in case Obergefell is ever overturned. Currently, 30 states have constitutional amendments banning same-sex marriage, with five also having statutes prohibiting it.
The bipartisan Respect for Marriage Act, signed into law by President Joe Biden, offers federal protections for same-sex marriages, but experts like Bonauto and Smith warn that it may not fully protect these rights if the balance of power shifts in Congress. States like Colorado are taking proactive steps to ensure marriage equality is safeguarded in the event of any changes to Obergefell. LGBTQ advocates emphasize the personal impact of these issues on couples who lived through a time when same-sex marriage was not legal or clear.
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