Some Gay Couples Fear That SCOTUS Will Repeal Same-Sex Marriage Rights
After overturning Roe v. Wade, some gay couples are worried that the Supreme Court will revoke their right to marry, which was legalized in 2015’s Obergefell v. Hodges. Justices Clarence Thomas and Samuel Alito had expressed their willingness to overturn the ruling in 2020.
Mary Bonauto, who argued on behalf of same-sex couples in Obergefell, disagrees, stating that marriage equality is not likely to be rescinded. However, fear among same-sex couples is real, with some considering getting married sooner rather than later.
The incoming Trump administration has not indicated it intends to reverse same-sex marriage legalization. In fact, some of Trump’s Cabinet picks, including Scott Bessent, who is gay and married, and the same-sex weddings hosted at Mar-a-Lago, suggest otherwise. The Republican Party also removed language defining marriage as between one man and one woman from its platform.
However, Trump’s previous administration implemented policies that harmed LGBTQ individuals, including transgender Americans. On the campaign trail, Trump vowed to reinstate a ban on trans people in the military, abolish gender-affirming care for transgender minors, and roll back Title IX protections for transgender students.
An ally of the former and incoming president, Karoline Leavitt, said that Trump will be a president for all Americans and will not reverse legalized marriage for same-sex couples. However, Bonauto points out that safeguards have been put in place to protect same-sex marriage, including the Respect for Marriage Act and state measures to protect the right.
Despite the reassurances, concern among same-sex couples remains, with some considering eloping sooner rather than later. Michael Kaye, a 32-year-old who works for a dating app conglomerate, is considering getting married with his fiancé before their scheduled wedding date in June, citing the fear and uncertainty surrounding their rights.