Supreme Court's Marriage Equality Ruling a Setback for the Right, But Fight Far from Over.
In a move that appears to be a victory for LGBTQ+ advocates on the surface, the Supreme Court has declined to revisit its landmark marriage equality case, Obergefell v. Hodges. The decision not to reconsider the ruling means that same-sex couples' right to marry remains intact in all 50 states. However, history teaches us that social movements are never truly done fighting for equal justice under the law.
The struggle for LGBTQ+ rights is a long and often arduous one, with moments of significant progress punctuated by setbacks and reversals. The Obergefell decision was a major milestone in this fight, as it recognized the fundamental right to marry as guaranteed by the Fourteenth Amendment. Yet, despite this victory, there are still those who seek to roll back these gains.
Conservatives have long seen ending marriage equality as an important goal, and their efforts continue unabated. The case of Kim Davis, a former Kentucky county clerk who was jailed for denying same-sex couples' marriage licenses based on her religious beliefs, serves as a reminder that the fight is far from over. Davis's appeal to the Supreme Court has already shown promise, with many experts arguing that the court may eventually hear the case.
In its concurring opinion in Dobbs v. Wade, Justice Clarence Thomas expressed his disdain for "substantive due process," a legal concept used to protect individual rights and liberties. Thomas sees this concept as a threat to the Constitution and to the country's moral fabric, and has repeatedly argued that it must be dismantled.
The case of Davis is just one example of how conservatives are building on their strategy to undermine Obergefell. By framing arguments that marriage equality damaged democracy by taking away the question from the people, conservatives aim to create a sense of urgency around this issue. They are also using a tactic that has proven effective in the past: using litigation campaigns to chip away at existing rights.
The right's campaign to overturn Obergefell is not over yet, and LGBTQ+ advocates would be wise to remain vigilant. As historian Mark Tushnet notes, progress often requires repeated failures, and social movements must be willing to adapt and learn from their mistakes in order to achieve victory. The fight for marriage equality may seem like a won battle now, but it is far from over β and those who seek to undermine these rights will continue to push hard until they succeed.
In a move that appears to be a victory for LGBTQ+ advocates on the surface, the Supreme Court has declined to revisit its landmark marriage equality case, Obergefell v. Hodges. The decision not to reconsider the ruling means that same-sex couples' right to marry remains intact in all 50 states. However, history teaches us that social movements are never truly done fighting for equal justice under the law.
The struggle for LGBTQ+ rights is a long and often arduous one, with moments of significant progress punctuated by setbacks and reversals. The Obergefell decision was a major milestone in this fight, as it recognized the fundamental right to marry as guaranteed by the Fourteenth Amendment. Yet, despite this victory, there are still those who seek to roll back these gains.
Conservatives have long seen ending marriage equality as an important goal, and their efforts continue unabated. The case of Kim Davis, a former Kentucky county clerk who was jailed for denying same-sex couples' marriage licenses based on her religious beliefs, serves as a reminder that the fight is far from over. Davis's appeal to the Supreme Court has already shown promise, with many experts arguing that the court may eventually hear the case.
In its concurring opinion in Dobbs v. Wade, Justice Clarence Thomas expressed his disdain for "substantive due process," a legal concept used to protect individual rights and liberties. Thomas sees this concept as a threat to the Constitution and to the country's moral fabric, and has repeatedly argued that it must be dismantled.
The case of Davis is just one example of how conservatives are building on their strategy to undermine Obergefell. By framing arguments that marriage equality damaged democracy by taking away the question from the people, conservatives aim to create a sense of urgency around this issue. They are also using a tactic that has proven effective in the past: using litigation campaigns to chip away at existing rights.
The right's campaign to overturn Obergefell is not over yet, and LGBTQ+ advocates would be wise to remain vigilant. As historian Mark Tushnet notes, progress often requires repeated failures, and social movements must be willing to adapt and learn from their mistakes in order to achieve victory. The fight for marriage equality may seem like a won battle now, but it is far from over β and those who seek to undermine these rights will continue to push hard until they succeed.