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The U.S. Supreme Court is considering whether to take up a legal challenge that seeks to overturn its landmark 2015 decision in Obergefell v. Hodges, which established the constitutional right to same-sex marriage across the nation. The justices discussed the petition during a private, closed-door conference on Friday, November 7, and a decision on whether to grant the case a full hearing could be announced as early as Monday.
The petition, brought forward by Texas-based lawyers, argues that the Obergefell ruling was wrongly decided and has been described by many legal experts as a longshot bid. However, its consideration by the court has reignited a national debate over the durability of precedents related to personal rights. This move comes more than a decade after the original ruling and in a different legal climate, particularly following the court's 2022 decision to overturn Roe v. Wade.
In a concurring opinion in that abortion case, Justice Clarence Thomas explicitly wrote that the court should reconsider other substantive due process precedents, naming Obergefell among them. This has fueled concerns among civil rights advocates that the right to same-sex marriage could be at risk. The current deliberations at the Supreme Court have amplified those fears.
Jim Obergefell, the lead plaintiff in the original case, has voiced alarm over the new challenge. He issued a warning about the potential consequences if the precedent were to be overturned, highlighting the impact on countless families. His concerns echo those of LGBTQ+ advocacy groups, who argue that reversing the decision would cause legal chaos and strip protections from millions of Americans. Although the current appeal is considered unlikely to succeed, the prospect of overturning the same-sex marriage precedent remains a significant test for the current court.
In response to such potential challenges, the U.S. Congress passed the Respect for Marriage Act in 2022, a bipartisan measure signed into law by President Joe Biden. The act federally protects same-sex and interracial marriages, requiring all states to recognize valid marriages from other states. While it does not guarantee the right to marry in every state if Obergefell were overturned, it provides a layer of federal protection. As the original plaintiff warns of the new threat, the nation awaits the Supreme Court's next move.
