Hi Everyone Same Sex Marriage Isn't Going AnywhereDespite some recent efforts by Republican led states like Michigan, North Dakota, Oklahoma and Idaho to challenge Obergefell versus Hodges, same sex marriage is still pretty secure both legally and politically.
There are several reasons why it is unlikely we will see marriage equality overturned anytime soon.
- Supreme Court Precedent Stare Decisis.
The Supreme Court rarely overturns its own decisions and Obergefell is rooted in the 14th Amendment. Plus there is currently no legal challenge to same sex marriage on the Court's agenda. - Respect for Marriage Act 2022.
This federal law mandates that states recognize same sex marriages from other states ensuring legal protections stay in place even if Obergefell were to be reversed. - Strong Public Support.
A 2023 Gallup poll found that 71 percent of Americans including a fair number of Republicans back same sex marriage. This widespread support makes any attempts to roll it back politically risky. - Divided Republican Leadership
Although some conservatives oppose marriage equality others are showing more acceptance like Donald Trump's appointment of Rick Grenell, who is openly gay. - Unenforceable State Level Bans
Any state laws trying to limit same sex marriage would likely get struck down unless Obergefell were overturned which as mentioned seems highly improbable. - Lack of Active Legal Challenges
There are no cases challenging Obergefell currently making their way to the Supreme Court so an immediate reversal is not in the cards. - Political and Social Backlash
The fallout from overturning Roe v Wade showed just how much pushback can arise and going after marriage equality would likely provoke even more outrage making it a tough fight for conservatives.
Same Sex Marriage is Here to StayWith strong legal foundations federal protections overwhelming public backing and significant political risks overturning Obergefell is extremely unlikely. While some states might keep putting forward symbolic legislation against same sex marriage it continues to be legally recognized and protected throughout the United States.
These politicians are well aware that they probably will not succeed in overturning same sex marriage, but that is not really their main goal. They are more focused on grabbing headlines, boosting media engagement and raking in fundraising dollars, all while reinforcing their standing with the most extreme parts of their supporters. It's not so much about making laws as it is about putting on a show.
As Paulie, Lori and Mary have pointed out, this is not going to happen anytime soon and any legislation that does manage to get passed will face immediate challenges. These lawmakers are not truly involved in serious policymaking; instead, they are trolling, fishing for clicks and trying to gain fame. Their main aim seems to be to spark controversy, energize their base and create fundraising chances, rather than to drive any meaningful change.
Best Wishes AlwaysSarah BGlobal Moderator@Lori Dee @MaryT @Paulie