If gay marriage is overturned

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Davis attempted to appeal the ruling with the 6th Circuit U.S. Court of Appeals but was denied this March. There’s a sense of unease as state and federal lawmakers, as well as several judges, take steps that could bring the issue back to the Supreme Court, which could undermine or overturn existing and future same-sex marriages and weaken additional anti-discrimination protections.

In its nearly quarter century of existence, the Williams Institute at UCLA School of Law has been on the front lines of LGBTQ rights.

The RFMA also protects religious groups that have moral objections to same-sex marriages. 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. In the 2024 study “Perspectives on Marriage Equality,” the vast majority of married same-sex couples surveyed reported that marriage improved their sense of security and resulted in greater life satisfaction and a closer relationship with their spouse.

Photo by Elvert Barnes/Flickr

James Obergefell (foreground, center, wearing a flag pin) and attorney Al Gerhardstein (foreground, left) react to the Supreme Court’s decision on June 26, 2015.

 

Additionally, the positive impacts of their nuptials on an economic level were significant: an estimated $5.9 billion for state and local economies and $432.2 million in state and local tax revenue.

Thanks to years of work by LGBTQ organizations, positive public opinion around marriage equality and LGBTQ rights in general continues to be strong in the U.S.

“The incredible amount of social support that LGBTQ communities have built over the past few decades remains, as well as legal protections in many states that did not exist even a few years ago,” Sears said.

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.

While these measures were unsuccessful, it’s a sign of growing discontent among Republican politicians with the legality of same-sex marriage.

In June, the Southern Baptist Convention voted for a resolution to ask the court to reconsider gay marriage. | Opinion

A recent appeal to the U.S. Supreme Court seeks to overturn the landmark 2015 case Obergefell v.

“Still, LGBTQ communities have survived some difficult times, and many courts are demonstrating that there is still a role for research and the rule of law.”

More recently, the Supreme Court upheld Tennessee’s law banning access to gender-affirming care for transgender youth.

The decision impacts the 112,400 transgender youth ages 13-17 who live in Tennessee and 24 other states that have similar laws banning access to gender-affirming care for transgender youth. 

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.

Obergefell passes its milestone in an atmosphere of uncertainty, under intermittent threat along with other rights for LGBTQ communities, but Sears and his team press on with the institute’s mission.

“The role of the Williams Institute is to continue to do research so that laws and polices reflect the realities of LGBTQ people’s daily lives, not the assertions and myths that are made up about them.”

Tags: social justice | LGBTQ | public policy

What happens if gay marriage is overturned?

“We found no indication of that. There's room for the court to say, ‘This is different.’”

Another key distinction is the legal concept of reliance, which in part acknowledges contractual agreements. Check out the all new PLAY hub with puzzles, games and more!

Moore and Ermold were awarded $50,000 each in damages, plus $260,000 for legal fees.

However, the legal marriage of a same-sex couple in one state would have to be honored in a state where it is not legal. In the 2022 Dobbs v.

In the Respect for Marriage Act (RFMA), which was signed into law by former President Joe Biden in 20222, "required federal government and all states to recognize same-sex and interracial marriages if they were legally performed in the past or are performed in the future in places where they are still legal, including other states."

The Respect for Marriage Act couldn't keep individual states from denying marriage licenses to same-sex couples.

“Visibility increased, and our rights increased. Roe was based squarely in privacy rights under due process.

Here's What Happens if Same-Sex Marriage Is Overturned — There Is Some Good News

First they came for Roe v. Jackson Women’s Health Organization decision, Thomas even issued a concurrent opinion saying he believed Obergefell should be reconsidered.

The Supreme Court has also asked Moore and Ermold to respond to Davis’ petition, which hints at the possibility that this case could be considered by the court.

Kim Davis' petition reminds us our rights are revocable

Davis’ appeal isn’t the only attack on gay marriage since President Donald Trump returned to the White House and Republicans took the majority in Congress.

Resolutions were introduced in five states that would have formally asked the Supreme Court to review Obergefell.

Other legal scholars aren’t so sure that five justices are willing to overrule the case.

Robbie Kaplan, a lawyer who argued in defense of LGBTQ+ rights in front of the U.S. Supreme Court in 2013 in a ruling that eventually paved the way for Obergefell, told Axios it would cause a lot more legal problems than it’s worth.

"It's not just a recipe for administrative chaos," Kaplan said.

if gay marriage is overturned

We’ve already witnessed how the trans community has lost rights in a matter of months.

The more we talk about gay marriage as if it’s something that could be questioned legally, the more the public will begin to question whether Obergefell was a mistake. The 10th anniversary of Obergefell v. This was largely due to the fact that Supreme Court Justice Clarence Thomas called for the court to reconsider Obergefell v.

After all, abortion rights were also widely popular, but that didn’t stop the court from sending legality back to the states.

Gay marriage is not going to disappear tomorrow. I've never been happier to lose.

I’m skeptical that the very court that sent abortion rights back to the states cares about the legal complications that a ruling like this could cause.

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.

A potential reversal casts shadows on same-sex marriage

Seven years after Obergefell, the Supreme Court overturned Roe v.