The Supreme Court's 2022 decision overturning Roe v. Wade heightened concerns about the court overturning other long-standing precedents, putting marriage equality at risk. More than two dozen states maintain trigger laws that could curtail same-sex marriage if the 2015 Obergefell ruling is reversed. Congress enacted the Respect for Marriage Act to guarantee federal recognition and require state recognition of lawful marriages performed elsewhere, but the law does not prevent states from banning or restricting same-sex marriage should Obergefell be invalidated. Legal challenges and administrative complications could follow any unwinding of marriage protections, creating significant hardship.
Driving the news: Clinton, in a recent interview with Jessica Tarlov of Fox News' "The Five" and the "Raging Moderates" podcast, urged LGBTQ+ couples to consider getting married. "I don't think they'll undo existing marriages, but I fear that they will undo the national right," she said. State of play: More than two dozen states have trigger laws that would limit marriage equality if the Supreme Court were to overturn its 2015 ruling.
In a concurring opinion in the Dobbs v. Jackson Women's Health Organization case, Justice Clarence Thomas said the court should reconsider other due process precedents, like the Obergefell decision. Later that year, Congress passed the Respect for Marriage Act, which codified the right to same-sex and interracial marriages. While it ensured federal recognition of marriage and required all states to recognize marriages conducted in places where they were legal, it does not prohibit states from taking steps to ban or restrict same-sex marriage if Obergefell were overturned.
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