"Late last December, Waco, Texas, Justice of the Peace Dianne Hensley filed a federal lawsuit, claiming she had the right to refuse to marry same-sex couples because of her religious beliefs. As part of the lawsuit, she also argued that the U.S. Supreme Court's 2015 Obergefell decision establishing nationwide marriage equality should be overruled. The filing garnered some headlines, reporting a new threat to Obergefell."
"Hensley argues that the reasoning of the 2022 Dobbs decision overturning Roe v. Wade means that Obergefell should be reversed as well. The Dobbs majority, however, made clear: "to ensure that our decision is not misunderstood or mischaracterized, we emphasize that our decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion." The Court was explicit in saying that these rights and precedents include same-sex couples' fundamental right to marry recognized in Obergefell."
A Waco justice of the peace filed a federal lawsuit claiming a religious right to refuse marrying same-sex couples and asking the Supreme Court to overrule Obergefell. Media compared the filing to Kim Davis and framed it as a possible threat to marriage equality. Current assessment does not view the case as a likely direct threat to Obergefell or to the fundamental right to marry. Hensley cites Dobbs reasoning to support reversal, but the Dobbs majority explicitly limited its holding to abortion and stated it should not cast doubt on precedents unrelated to abortion, including marriage equality.
Read at San Francisco Bay Times
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