What happens if gay marriage is overturned

In the seven years since Obergefell was decided, same-sex marriage bans in 35 states across the country have lain dormant. But should Obergefell be overturned, they would again be activated. The Supreme Court could overturn its landmark ruling that established a nationwide right to same-sex marriage if a case addressing the matter is brought before it, experts told Newsweek. If Obergefell is overturned, same-sex marriage rights could change.

Learn what this means, how to prepare legally, and ways to protect your relationship. Will Obergefell v. Hodges be overturned? Here’s what could happen in states that banned same sex marriage before the Supreme Court decision. Unless states change what’s on their books, same-sex marriage would become illegal in at least 25 states if Obergefell were to be overturned, and it would likely become illegal in seven others.

Milestones — especially in decades — usually call for celebration. The 10th anniversary of Obergefell v. Hodges, the Supreme Court case that made same-sex marriage legal nationwide, is different. Its amicus brief in the Obergefell case was instrumental, with Justice Anthony Kennedy citing data from the institute on the number of same-sex couples raising children as a deciding factor in the landmark decision.

The national conversation around marriage may have actually revitalized marriage overall.

states with same-sex marriage bans

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. 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.

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

Wade, rescinding the national right to abortion and raising fears for progressive policies. In a concurring opinion, Justice Clarence Thomas explicitly called for the Court to revisit Obergefell. Justice Samuel Alito has echoed those sentiments, tacitly inviting legal challenges. Despite the direction of the Supreme Court, Sears argues that Obergefell is not on the same legal footing as Roe v.

Roe was based squarely in privacy rights under due process. Another key distinction is the legal concept of reliance, which in part acknowledges contractual agreements. Marriage, Sears says, is deeply embedded in legal, financial and familial systems. Eventually, they have a wedding. Often, people's families and friends help contribute to the wedding, and there are a lot of people relying on the fact that they are getting married.

So this extension of reliance extends far beyond the couple. Although support has dipped slightly in recent years among subsets of the population, public opinion polls have shown enduring majority support for same-sex marriage. While Sears believes the legal arguments in favor of Obergefell are strong, he adds a note of caution.

While some saw this as progress in solidfying federal civil rights protections for LGBTQ people, Sears and others see complexity, especially as recent data has shown increased support among Republicans for restrictive bathroom bills. Williams Institute research shows an estimated 1. The decision impacts the , transgender youth ages 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. Ron Mackovich-Rodriguez June 25, Listen Share. Copy Link. Dialogue across Difference: These instructors are bringing a new approach into the classroom. University News. Sign up for a daily briefing.

All RSS Feeds. Close menu.