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With Trump in office, same-sex marriage is on the rocks
Overturning marriage equality is now a present threat.Many of the issues both people of color and LGBTQI+ Americans confront in Trumps first term health care, unemployment, housing, immigration, voting rights, among others are front and center, again, and on the chopping block. And the fear is palpable.I think its going to go away. I dont know whats going to happen to those already married, but there are a lot of benefits,Pat of West Palm Beach, Florida, told me.What would that be? she asked of the result. A forced divorce? Related Republicans say time is ripe to overturn same-sex marriage rights nationwide Put a ring on itWith this threat looming large, many LGBTQ+ couples are dashing to the altar.The thought of many moreformer Kentucky county clerks like KimDavis becomes a nightmare.Davis is infamously known for refusing to issue marriage licenses to same-sex couples in 2015.This August, she formally petitioned the Supreme Court to overturnObergefell v. Hodges, the landmark decision that legalized same-sex marriage nationwide. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today Itold a nephew whos gay, young, 22, to get married last year because we dont know, Pat said. Former Secretary of State Hillary Clintonechoed the same sentiment. In an August installment ofthe Raging Moderates podcast, Clinton strongly advised couples to get married before SCOTUS overturns marriage equality altogether.Anybody in a committed relationship out there, in the LGBTQ community, you ought to consider getting married, she said, because I dont think theyll undo existing marriages, but I fear they will undo the national right. Clarence Thomass goalClarence Thomas | Screen capture via C-SPANIn a Trumped-up Supreme Court, SCOTUS has been the enabler of anti-marriage activists.Justice Clarence Thomas faulted the Supreme Court for refusing to blockmarriage equality in Alabama twice in 2015 and in 2022.Targeting marriage equality has been his goal ever since it became national law. Shortly after the SCOTUSoverturnedRoe v. Wadein the Dobbs v. Jackson Womens Health Organization caseof 2022, Thomas seized the moment to insert his opinion, stating,[W]e have a duty to correct the error established in those precedents.The irony here is that many of the civil rights advancements that helped Thomas ascend to the highest court in the land are the ones he now wants to dismantle.Clarence further stated that the landmark decision should reconsider the courts past rulings codifying the rights to contraception, same-gender intimacy, and marriage equality. Surely, he jests, I thought, because of Thomass interracial marriage, which marriage equality is built upon. Moreover, the slippery slope is one that he, too, could confront, once SCOTUSeliminates federal protection for loving the person you choose.The irony here is that many of the civil rights advancements that helped Thomas ascend to the highest court in the land are the ones he now wants to dismantle.Last year, the country celebrated nine years since theObergefell decision, allowing us LGBTQ+ Americans the fundamental right to marry nationwide. However, whileJustices Thomas and Samuel Alito dissented in the 2015Obergefell ruling,the broad public support for same-sex marriage that both parties once embraced has now waned among Republicans. According to the Gallup Poll, in 2025, support for marriage equality among Democrats rose to 88%. Republicans support, which peaked at 55% in 2021 and 2022, has dropped to 41%, the lowest point since 2016, following theObergefell decision.With Republicans dominating all branches of government, there is concern thatformer President Joe Bidens 2022 Respect for Marriage Act would be upheld, instead of marriage equality being thrown back to the states.Four out of 10 judges Trump chose during his first term are unabashedly anti-LGBTQ+. He appointed over 54 conservative judges nationwide, and they will remain on the bench long after hes gone.LGBTQ+ Americans in red states especially have concerns about their marriage and other civil rights being upheld. Benefits up in the air | ShutterstockThere are 1,138 federal benefits and hundreds of state-specific benefits that heterosexual couples take for granted. Denying these benefits to same-sex couples will cause financial instability and immense stress. Being a widow, all the federal benefits have benefited me, Pat stated. Im on spousal Social Security and not paying taxes on our joint money is that going to go away?Jim Obergefell, not an activist of any sort, never expected to be a cause clbre.But when he sued his home state of Ohio for refusing to recognize him as the widower of his deceased spouse, the lawsuit made its way to the highest court. Jim Obergefell, then 48, the lead plaintiff in the four marriage equality cases collectively known as Obergefell v. Hodge, now has his legacy hanging in the balance once again. Withvictory comes backlashRatifying marriage equality was the right thing to do and it should not be repealed.Obergefells victory expanded the nations understanding of marriage as a fundamental right awarded to all people.However, if Roe v. Wade can be overturned after 50 years, so too can marriage equality, highlighting that no ones rights can be taken for granted.Sherry, a married lesbian tired professor of nursing, stated, Im aware now that what we take as a right is always conditional.Sadly, thats true.I have married over 250 LGBTQ+ couples since it was legalized in Massachusetts in 2004 to the present day. Each one was an honor to officiate.When interviewed for Massachusetts 20th anniversary ofmarriage equality, a newsman asked to see my photos. I have hundreds of them. I had to sort them into three piles: deceased, divorced, and still together. However, I never imagined the day would come when I would have to stop collecting such pictures at all.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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