Legal experts warn the Supreme Court could overturn its 2015 Obergefell v. Hodges ruling on same-sex marriage if a case challenging it reaches the court. This follows Idaho lawmakers' call for the Court to reverse the decision, raising concerns about other established rights being eroded.
The Supreme Court could potentially overturn its landmark 2015 ruling on same-sex marriage, known as Obergefell v. Hodges, if a case challenging the ruling is brought before it, legal experts have told Newsweek. This possibility arises after Idaho lawmakers recently approved a resolution urging the Court to reverse its decision. The resolution gained traction following the Court's 2022 overturning of Roe v. Wade, which had guaranteed a constitutional right to abortion.
Concern has grown that the Court's current conservative majority might erode other established rights, including the right to same-sex marriage.Conservative justices Clarence Thomas and Samuel Alito, both dissenters in the Obergefell v. Hodges case, have publicly suggested the need to reconsider the ruling. While Gallup polling indicates that a majority of Americans (69 percent) still support legal same-sex marriage, this support has slightly declined from the record high of 71 percent observed in 2022 and 2023. A significant partisan divide exists, with 83 percent of Democrats supporting same-sex marriage compared to only 46 percent of Republicans.Experts emphasize that the Supreme Court can only revisit a precedent like Obergefell v. Hodges through a live legal dispute. Kate Shaw, a law professor at the University of Pennsylvania Carey Law School, stated that the Idaho resolution is primarily symbolic, lacking the necessary legal standing to trigger a review. Similarly, Lawrence Friedman, a law professor at Boston's New England Law, argues that overturning Obergefell would require a specific case challenging the right to same-sex marriage. Friedman anticipates that any such case would likely echo Clarence Thomas's reasoning in the Dobbs v. Jackson Women's Health Organization ruling, which overturned Roe v. Wade. Thomas asserted that the 14th Amendment's due process clause does not encompass the right to same-sex marriage.Geoffrey Stone, a law professor at the University of Chicago and constitutional law expert, while acknowledging the conservative justices' disagreement with Obergefell, expresses hope that they will prioritize the Court's institutional credibility and avoid partisan overrulings. Stone cautiously suggests that at least two, and possibly more, Republican-appointed justices may abstain from overturning Obergefell to maintain the Court's perceived impartiality. Shaw also shares this view, stating that she doubts the existence of five votes required to overturn the Obergefell decision.
SUPREME COURT SAME-SEX MARRIAGE OBERGEFELL V. HODGES CONSTITUTIONAL RIGHTS LEGAL EXPERTS IDAHO ROE V. WADE CONSERVATIVE JUSTICES
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