With the overturning of Roe v. Wade and Justice Clarence Thomas asserting that other cases, including Obergefell v. Hodges, would be following suit, legal teams have been scrambling to plan a way to protect the rights of married same-sex couples. Currently the only way to protect those rights for all US citizens would be via congress, and the slim majority that Democrats hold in the House and Senate mean a filibuster by Republicans is guaranteed. Should democrats lose seats during the midterm elections, something that is very likely given the President's low approval rating, the loss of federal protections are expected and should be prepared for. Most legal teams are focusing on ways to get same-sex marriage added to state constitutions and to overturn bans that currently exist. 35 states, including Florida, have laws that ban same-sex marriage. While unlikely, it is possible that some states may choose to invalidate marriages performed under Obergefell v Hodges.
Queer Legal Experts Explain What Happens When Obergefell Gay Marriage Is Overturned
- Cindy Brown
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