Gay marriage under trump
But how endangered is gay marriage under ? Gay marriage activists and their allies take comfort in the high support that gay marriage enjoys among the American public. According to a Gallup. has had varying views on gay marriage in recent decades. Here's what to know ahead of his inauguration in In the wake of ’s victory in the ial election, some couples planning same-sex weddings have begun to panic, worried they could lose the right to marry.
However, the article gives no indication that has shifted his views on marriage equality since , referencing past interviews in which he opposed marriage rights for same-sex couples. With 's inauguration days away, many queer couples are concerned about same-sex marriage rights and what, exactly, a second term could mean for their families. Paul M. Collins Jr.
Same-sex marriage, which the U. Supreme Court in legalized nationwide in the case known as Obergefell v. Hodges , is facing resurgent hostility. Obergefell led to an increase in marriages among same-sex partners, with more than , same-sex couples currently married. Despite this, Republican lawmakers in five states have recently introduced symbolic bills calling on the Supreme Court to overturn its ruling in Obergefell.
Should Gay Couples Worry About
As a professor of legal studies , I believe such attacks on same-sex marriage represent a serious threat to the institution. Recognizing this fear, Democratic legislators in Michigan have called for the state to pass a ballot initiative to protect same-sex marriage. The initiative would repeal a part of the state constitution that banned same-sex marriage, but which was invalidated by the subsequent Obergefell decision. If Obergefell were overturned, that ban in the Michigan constitution would go into effect again.
This legislation is symbolic, since state legislatures do not have control over what the Supreme Court does. But if it becomes law, this legislation sends a clear signal that, should Obergefell be overturned, these states could quickly enact legislation banning same-sex marriage. Second, lawmakers in Missouri and Tennessee have introduced legislation that would create a new category of marriage that would be available only to opposite-sex couples.
Gino Bulso, a Republican, was quoted on Knoxnews. It simply recognizes the natural order of things. Since this version of covenant marriage excludes same-sex couples, they would be denied access to covenant marriages, although they would still have access to more traditional forms of marriage. Jackson , which overturned the constitutional guarantee of the right to an abortion.
But the Biden administration reversed most of these policies. Wade in Dobbs v. Jackson is the other key factor motivating the timing of attacks on same-sex marriage. In addition, Supreme Court Justice Clarence Thomas wrote a concurring opinion in Dobbs in which he argued that the Supreme Court should apply the logic used to overrule Roe to reconsider other decisions, including Obergefell.
Should the Supreme Court agree to hear a challenge to Obergefell, one of two main outcomes is likely.
First, the court could reaffirm Obergefell. This would probably put an end to most Republican attacks on same-sex marriage and would maintain the status quo by prohibiting states from outlawing same-sex marriage. It would also serve to make the Supreme Court appear moderate, which may enhance its near historically low public approval ratings. Second, the court could overrule Obergefell.
If a majority of justices did so, I believe they would almost certainly use the same logic employed to overturn Roe v. Under the Respect for Marriage Act , however, signed into law by Joe Biden in , states outlawing same-sex marriage would have to recognize same-sex marriages performed in other states, as would the federal government. Edition: Europe. Jeff Sralla, left, and his partner of 28 years, Gerald Gafford, wed in in Texas.
Author Paul M.