Hillary Clinton Warns Supreme Court Could Overturn Marriage Equality
Hillary Clinton believes the Supreme Court could be preparing to unravel one of its most significant LGBTQ rights decisions. The former secretary of state and 2016 Democratic presidential nominee said during a recent podcast interview that Obergefell v. Hodges, the 2015 ruling that legalized same-sex marriage nationwide, may not survive the courts current conservative majority.They Will Send It Back to the StatesClinton shared her concerns on the August 15 episode of Raging Moderates, co-hosted by Fox News contributor Jessica Tarlov. Drawing a comparison to the fall of Roe v. Wade, she argued that the decades-long conservative strategy to undo abortion rights could be replicated with marriage equality.It took 50 years to overturn Roe v. Wade. The Supreme Court will hear a case about gay marriage, Clinton said. My prediction is they will do to gay marriage what they did to abortion, they will send it back to the states.She also urged couples not yet married to weigh their options. I dont think theyll undo existing marriages, but I fear they will undo the national right, she added.Kim Davis Revives Her FightThe possibility of a new challenge has already reached the courts doorstep. In July, Kim Davis, the former Kentucky clerk who famously refused to issue marriage licenses to same-sex couples in 2015, filed a petition asking the Supreme Court to overturn Obergefell.Her appeal comes after she was ordered to pay $100,000 in damages to a couple she denied a license. Davis lawyers, backed by the conservative group Liberty Counsel, described the Obergefell decision as a mistake that must be corrected and leaned heavily on the courts 2022 Dobbs ruling that ended federal abortion protections.So far, the justices have not said whether they will take up her case.The Respect for Marriage Acts RoleEven if Obergefell were struck down, existing marriages would remain valid under the Respect for Marriage Act, signed into law by President Joe Biden in 2022. The bipartisan legislation compels states and the federal government to recognize same-sex marriages performed where they are legal.But the law doesnt erase so-called zombie bans still on the books in more than 30 states. If Obergefell fell, many states could again block new same-sex marriages within their borders.Divided Court, Divided CountryJustices Clarence Thomas and Samuel Alito, who both dissented in Obergefell, have since voiced skepticism about the ruling. Thomas openly suggested the court should reconsider it, while Alito has argued it unfairly stigmatized Americans with conservative religious views.Public opinion, however, remains firmly in favor of marriage equality. Gallup polling in May showed support near record highs, though Republican backing dropped to 41 percent, the lowest in 10 years. Another survey in June found that 56 percent of Republicans still support same-sex marriage rights, signaling division within the party itself.As the court weighs whether to hear Davis petition, Clintons warning underscores growing unease about how far the justices may go in reshaping LGBTQ rights.Source