Obergefell v Hodges affirmed the right to same-sex marriage and capped a string of court victories for LGBTQ+ people in the US – seven years later the mood has darkened
Illustration: Callum Abbot/The GuardianIllustration: Callum Abbot/The Guardian
The landmark civil rights case for which Obergefell served as lead plaintiff capped a string of court victories for LGBTQ+ people in the US, including a ban on criminalizing gay sex and the repeal of Don’t Ask, Don’t Tell. It appeared to signal a new era of tolerance and civil rights in the US.“People are terrified,” he says. “They’re rightly afraid of losing the right to marry the person they love.
Precedent is “one of the most important things in the American legal system,” they said. “Previous judicial decisions are binding on all other courts, and this decision tampers with that.”Roe v Wade hinged on a right to privacy, a concept whose constitutional fuzziness Justice Alito attacked full-on, while Obergefell, Lemberg says, is different because it’s “explicitly linked to the equal clause of 14th amendment”.
it followed to overturn Roe to “reconsider” Lawrence, Obergefell and Griswold – the cases that established the rights to same-sex relationships, same-sex marriage and contraception. If that were to happen, the lives of these longterm couples would be upended. Here’s what they are thinking:“Marriage was a way to offer protections,” says Bobbi Lopez, who identifies as cis queer and serves on the executive board of the California Democratic party.
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