Is trump over turning gay marriage
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Roberts, despite his dissent from the 2015 ruling, seems unlikely to vote for its repeal, legal commentators told the Chronicle, and the ruling will probably remain intact unless one of the three liberal justices leaves the court and is replaced by a Trump appointee.
“Much of the energy of the conservative groups who might drive such a movement is currently directed at undermining transgender rights, rather than a frontal attack on Obergefell,” said Katie Eyer, a Rutgers University law professor who specializes in LGBT issues and has argued discrimination cases in court.
Stephen Vladeck, a Georgetown University law professor and veteran court analyst, observed that “Kavanaugh has gone out of his way to pour cold water on the idea” of a repeal, and that the “public climate” has moved in favor of couples who have wed since the ruling.
“Things can always change,” Vladeck said.
Timing of attacks
Efforts by state Republican lawmakers to revisit same-sex marriage bans are part of a broaderassault on LGBTQ+ rights taking place in the U.S.
The timing of these efforts is primarily driven by two factors: Donald Trump’s second term as president and the Supreme Court’s 2022 decision in Dobbs v.
In North Dakota, the state House approved the resolution in February, but the state Senate rejected it on March 13, with Republicans joining Democrats in opposition.
Congress, meanwhile, has granted protections to same-sex couples in the event that the court reconsiders its ruling. Hodges ruling that legalized same-sex marriage.
The U.S.
Supreme Court has officially been asked to overturn the 2015 decision that granted equal marriage rights to LGBTQ+ couples.
Kim Davis, a former Kentucky county clerk who refused to issue marriage licenses, filed an appeal on July 24 about the compensation she was ordered to pay to a gay couple she denied a license.
Tennessee’s sponsor of the legislation, Rep. Gino Bulso, a Republican, was quoted on Knoxnews.com as saying his legislation “seeks to challenge the U.S. Supreme Court’s egregiously wrong 2015 decision in Obergefell v.
In a later case, she was sued by one of the couples who were denied a marriage license and was ordered to pay $100,000 in damages, an award upheld by a federal appeals court.
“This case underscores why the U.S. Supreme Court should overturn Obergefell v. Under a law titled the Respect for Marriage Act, passed with bipartisan support and signed by President Joe Biden in December 2022, states and the federal government must recognize marriages that were legal in the state where they were performed, such as California.
Hodges, is facing resurgent hostility.
First, the court could reaffirm Obergefell. Although Thomas’ concurring opinion does not have the force of law, it nonetheless sent what some court observers say is a clear message to opponents of same-sex marriage that at least one justice has an appetite for reconsidering Obergefell.
Reaffirm or overrule?
Should the Supreme Court agree to hear a challenge to Obergefell, one of two main outcomes is likely.
Smith, a ruling that allowed same-sex parents to be listed on their child’s birth certificates, overturning an Arkansas law.
Erwin Chemerinsky, the law school dean at UC Berkeley and a liberal legal scholar, was less certain.
“There are clearly some votes to overrule Obergefell, but it is impossible to know whether there are five,” he said.
But one factor favoring preservation of the ruling, Chemerinsky said, is that “marriage equality is now deeply embedded in our society.”
A Gallup poll in June 2024 found that 69% of Americans supported a right to same-sex marriage, with 83% of Democrats, 46% of Republicans and 74% of independents expressing support.
It would also serve to make the Supreme Court appear moderate, which may enhance its near historicallylow public approval ratings.
Second, the court could overrule Obergefell. Alito, Thomas and Kavanaugh dissented.
Trump’s most recent appointee, Justice Amy Coney Barrett, has not taken part in any cases involving marriage or LGBT rights.
That is, the court’s conservative majority could argue that the Constitution does not recognize marriage as a fundamental right, and therefore it is up to the states to regulate and define marriage, including prohibiting same-sex couples from obtaining marriage licenses.
Under the Respect for Marriage Act, however, signed into law by President Joe Biden in 2022, states outlawing same-sex marriage would have to recognize same-sex marriages performed in other states, as would the federal government.
The bottom line is that Trump’s second term and the Supreme Court’s conservativeactivism have lit a fire in some Republican lawmakers, who are targeting same-sex marriage as part of a broader attack on LGBTQ+ rights.
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. But before becoming a judge, she signed a letter from a group of Catholic women to church bishops in October 2015 — four months after the Obergefell ruling — endorsing the church’s teachings “on marriage and family founded on the indissoluble commitment of a man and a woman.”
Trump himself has been back and forth on the subject.
For a state such as Michigan, whose constitutional language defining marriage as between one man and one woman is still on the books, the status quo would revert immediately to outlawing same-sex marriage – it wouldn’t require any legislative vote. So-called “covenant marriage” would require that the couples who choose this kind of marriage undergo counseling prior to getting married and creates significant obstacles to getting divorced, except under very specific circumstances, such as spousal abuse.
Hodges that found a constitutional right to marry one’s partner regardless of gender?
“Highly unlikely,” said Michael McConnell, a Stanford law professor and former federal appeals court judge appointed by President George W. Bush.
“I think Obergefell is probably safe, so long as the court’s membership does not change,” said Ian Millheiser, a legal correspondent at Vox.
He noted that Chief Justice John Roberts, who dissented from the 2015 ruling — and took the unusual step of reading his dissent aloud in court — was part of the court’s 6-3 majority two years later in Pavan v.
The signal of support came at a time when many in the GOP did not share such a stance.
Later, in 2011 he said on Fox News he was not "in favor of gay marriage," and in 2015, he told CNN he supported "traditional marriage.” But days after being elected in 2016 in a "60 Minutes" interview, he said he was "fine" with same-sex marriage, a far cry from the 2016 GOP platform, which critiqued the Supreme Court decision that granted the federal right.
But throughout his first term and re-election campaign, he appointed some people with a history of advocating against same-sex marriage, including Supreme Court Justice Amy Coney Barrett, according to GLAAD.
During the 2024 presidential campaign, the GOP's official platform removed explicit mentions of same-sex marriage, saying only "Republicans will promote a Culture that values the Sanctity of Marriage, the blessings of childhood, the foundational role of families, and supports working parents."
When asked by NBC News if Trump planned to roll back same-sex marriage, incoming press secretary Karoline Leavitt, said "that was never a campaign promise that he made,” the outlet reported in November 2024.
Trump's record on LGBTQ+ issues in his second term
Trump has made attacking the transgender community a central part of his second term.
Currently, about 70% ofAmericans approve of legally recognizing the marriages of same-sex couples, a 10-percentage-point bump from 2015.
Obergefell led to an increase in marriages among same-sex partners, with more than 700,000 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.
Hodges, because that decision threatens the religious liberty of many Americans who believe that marriage is a sacred institution between one man and one woman,” said Mat Staver, chair of the religious conservative group Liberty Counsel, which represents Davis.
The states in which Republican legislators have introduced resolutions calling for the court to discard its 2015 ruling are Idaho, Michigan, Montana, North Dakota, South Dakota, Missouri, Oklahoma, Tennessee and Texas.
“This decision has defaced the definition of marriage, undermined our God-given rights, increased persecution of Christians and confused the American family structure,” Michigan state Rep.
Joshua Schriver said in announcing his resolution on Feb. 25.
But none of the measures has won legislative passage so far. He criticized the 2015 ruling soon after it was issued, but said in 2016 that the issue was “settled” and he was “fine” with it.
If Barrett joined Thomas, Alito and Gorsuch in opposition to same-sex marriage, opponents would need one more vote to repeal Obergefell.
If Obergefell were overturned, that ban in the Michigan constitution would go into effect again.
And a law firm in Missouri is helping LGBTQ+ couples establish medical power of attorney plans in the event Obergefell is reversed.
Here’s what’s known about the current attacks on same-sex marriage.
What happens if anti-Obergefell state legislation passes?
Currently, two types of legislation have been introduced by Republican state lawmakers.
First, symbolic legislation that calls on the Supreme Court to overturn Obergefell has been introduced in Idaho, Michigan, Montana, North Dakota and South Dakota.