If the Supreme Court decides to overturn Obergefell, marriage rights could still be rolled back around the country. Here's how that would look
by the Movement Advancement Project, an independent think tank that advocates for equality by conducting research. Some Midwestern states like Ohio, Michigan, and Wisconsin also ban same-sex marriages. In the West, states from Arizona to Montana ban the unions., the new federal law guarantees that a same-sex couple who was married in Illinois, for example, would still be recognized as married if they moved to Virginia, which has a ban on same-sex marriage that could be reactivated.
The dynamic could create a challenge for couples who want to get married but can’t afford to travel to another state for the license. That would exclude such couples from accessing the benefits that come with marriage, including inheritance, tax benefits, and the ability to make health care decisions for a spouse who is unable to make them themselves. “You will start to see a real economic justice problem,” Carpenter says.
Bryan Wilson, who co-founded the Pride Center West Texas in Odessa, Texas, says the Respect for Marriage Act is a win for him and his husband, and other LGBTQ couples who are already married, but worries it doesn’t do enough for young or unmarried people in states like Texas.
“There will be enough respect for marriage when every state in the union, every territory, has legalized it as well as enshrined it in their constitution, that same-sex marriage is allowed,” Wilson adds.For LGBTQ people living in states with dormant bans on the books who are vulnerable to financial insecurity, face discrimination, or struggle with their mental health, overrulingcould cause a different kind of fallout, experts warn.
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