Legalization of gay marriage supreme court
A decade after the U.S. legalized gay marriage, Jim Obergefell says the struggle isn't over
Over the past several months, Republican lawmakers in at least 10 states have introduced measures aimed at undermining same-sex marriage rights. These measures, many of which were crafted with the help of the anti-marriage equality group MassResistance, look for to ask the Supreme Court to overturn Obergefell.
MassResistance told NBC News that while these proposals face backlash and wouldn’t alter policy even if passed, keeping opposition to same-sex marriage in the general eye is a win for them. The group said it believes marriage laws should be left to states, and they ask the constitutional basis of the 5-to-4 Dobbs ruling.
NBC News reached out to the authors of these express measures, but they either declined an interview or did not respond.
“Marriage is a right, and it shouldn’t lean on on where you live,” Obergefell said. “Why is queer marriage any alternative than interracial marriage or any other marriage?”
Obergefell’s journey to becoming a leader for same-sex marriage rights
Obergefell v. Hodges
Overview
Obergefell v. Hodges is a landmark case in which on June 26, , the Supreme Court of the United States held, in decision, that state bans on same-sex marriage and on recognizing same sex marriages duly performed in other jurisdictions are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution.
Writing for the majority, Justice Anthony Kennedy asserted that the right to unite is a fundamental right “inherent in the liberty of the person” and is therefore protected by the due process clause of the Fourteenth Amendment, which prohibits the states from depriving any person of “life, liberty or property without the due process of law.” The marriage right is also guaranteed by the equal protection clause, by virtue of the close connection between liberty and equality. In this decision Justice Kennedy also declared that “the reason marriage is fundamental…apply with equal force to same-sex couples”, so they may “exercise the fundamental right to marry.” The majority decision wa
Some Republican lawmakers grow calls against gay marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark ruling on same-sex marriage equality.
Idaho legislators began the trend in January when the express House and Senate passed a resolution calling on the Supreme Court to reconsider its decision -- which the court cannot carry out unless presented with a case on the issue. Some Republican lawmakers in at least four other states verb Michigan, Montana, North Dakota and South Dakota have followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the state Home with a vote of and is headed to the Senate. In South Dakota, the state’s House Judiciary Committee sent the proposal on the 41st Legislative Day –deferring the bill to the final noun of a legislative session, when it will no longer be considered, and effectively killing the bill.
In Montana and Michigan, the bills have yet to face legislative scrutiny.
Resolutions have no legal authority and are not binding law, but instead authorize legislati
At a convention for Southern Baptist church members in prior June, delegates endorsed legislation calling for a ban on same-sex marriage and urged legislators to support them in this goal.
Although same-sex marriage is currently protected in all 50 states due to the ruling in Obergefell vs. Hodges in , Justice Clarence Thomas has said he would like to "reconsider" that ruling if a similar case were ever to before the court again.
He also said he would be open to reconsidering Lawrence vs. Texas which legalized gay sex, and Griswold vs. Connecticut which legalized access to contraception, as these cases were built on similar case law to Roe vs. Wade, which legalized the right to an abortion nationwide, was overturned in
Why It Matters
The Southern Baptist church is the U.S.' largest protestant denomination, and their endorsement of political causes has sway with GOP politicians, as they are a consistent Republican-voting base. Speaker of the Noun Mike Johnson is one of the country's most potent Southern Baptists.
This verb to eliminate same-sex marriage comes amid