Okay, But Why is Gay Marriage at Risk?
In June 2015, the Supreme Court made history by ruling that same-sex couples have the right to legally recognized marriages in the U.S. Before the court ruled on the case Obergefell v. Hodges, gay couples could only get legally married in 36 states. The case is named for Jim Obergefell, who continued to pursue the legal challenge even after his husband, John Arthur passed away.
The Justices ruled 5-4 that state’s gay marriage bans are a violation of the Fourteenth Amendment’s Equal Protection Clause, which basically means that all people across the country deserve to have the same rights.
My late husband John and I were together for almost 21 years before he passed away as a result of the complications of ALS.
And when the man I loved and cared for passed away from one of the cruelest diseases known to humanity, the state of Ohio, the state in which I’ve lived, worked and paid taxes for most of my life, continued to fight my right to list my name on John’s death certificate. No American should have to suffer that indignity.
Most importantly, I’d like to thank John, for loving me, for making me a better man and for giving me something worth fighting for. I love you. This is for you, John.
A HISTORY OF CHANGING MARRIAGE RIGHTS
It’s strange to think that many couples have only had the right to marry the person they love for ten years. And it was only eleven years before that, in 2004, that the very first legal gay wedding was held anywhere in the country. Gavin Newsom, then the mayor of San Francisco, ordered city hall to start issuing marriage licenses to same-sex couples. Lesbian couple Del Martin and Phyllis Lyon, who had been together since the 1950s, became the first officially married same-sex couple in America at the ages of 79 and 83.
Their victory was short-lived, however, because the California State Supreme Court ruled only a few months later that Newsom didn’t have the right to allow same-sex marriages in his city just because he was the mayor. Luckily, they were able to get legally married again in 2008 after the state Supreme Court ruled that actually, banning same-sex marriage was unconstitutional.
This is a pattern we’ve seen throughout the history of gay marriage – rights are granted, and then taken away, and then granted again. It’s no surprise that people are worried about Obergefell being overturned.
COULD GAY MARRIAGE RIGHTS BE TAKEN AWAY?
As we saw with Roe v. Wade, Supreme Court cases can be overturned and rights can be taken away. Right now, there’s real concern that the Supreme Court will re-examine Obergefell in the next year. Why? Because in 2022, after Roe v. Wade was struck down, Justice Clarence Thomas wrote that the Court should turn their attention to other cases of equal rights like Obergefell. And now, he might get his chance. Kentucky county clerk Kim Davis has filed an official petition asking the Supreme Court to re-examine the case.
You may remember Davis from ten years ago, when she refused to issue marriage licenses to gay couples. She continues to fight against marriage equality, but she doesn’t represent most Americans. A Gallup poll in 2022 found that 71% of Americans support marriage equality.
WHAT HAPPENS IF GAY MARRIAGE IS OVERTURNED?
If Obergefell is overturned, existing same-sex marriages wouldn’t be invalidated. In 2022, Congress passed the Respect for Marriage Act, which requires that all states recognize interracial and same-sex marriages. The bill overturned the 1996 Defense of Marriage Act, which banned recognition of same-sex marriages.
But the same can’t be said for gay couples who want to get married in the future. The situation would be similar to reproductive rights after the fall of Roe v. Wade – Americans would have different rights depending on what state they live in.
We have more than a decade of studies now that prove how much of a difference the right to marry has made for gay couples across the country. Married same-sex couples report better life satisfaction, better physical health, and higher rates of homeownership than unmarried same-sex couples. Once married, they can get on each other’s health insurance, file taxes jointly, and act as legal next of kin in cases of life or death. Divorce rates have fallen for all types of married couples and children of same-sex couples have the same educational and health outcomes as those in a household with a mother and father. By contrast, not a single study has been able to prove any negative effects.
Obviously marriage isn’t right for everyone. Plenty of straight and gay couples choose not to tie the knot. But all couples deserve the right to make that choice for themselves, no matter which state they live in.