Same-sex marriage advocates push for post-Roe protections
LGBTQ advocates in states with same-sex marriage bans that were nullified by the U.S. Supreme Court seven years ago are sounding the alarm that overturning Roe v
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.As the nation awaits a decision from the U.S. Supreme Court regarding a Mississippi law that calls for banning aboriton after 15 weeks of pregnancy, LGBTQ advocates are pushing to codify protections for same-sex marriage in states throughout the country.
Since the leak of a draft opinion alluded to the court potentially overturning abortion rights, concerns have grown over whether justices could next move to reverse other decisions that rely on the “right to privacy” that the court outlined in the Roe v. Wade decision legalizing abortion nationwide nearly 50 years ago.
The leaked opinion authored by Justice Samuel Alito, a member of the court’s 6-3 conservative majority, explicitly says the decision concerns abortion and no other rights.
But legal experts have speculated that similar logic could be used to reverse other decisions, including Obergefell v. Hodges, the 2015 case in which the court ruled same-sex marriage bans unconstitutional.
“We need states across this country to say, ‘We see you. You exist. You deserve respect. And you deserve protections, because your relationship is no different than any other,’” said Jim Obergefell, the plaintiff in the landmark case, who is now a Democratic candidate trying to become an Ohio state lawmaker.
Before the Supreme Court struck down bans and legalized same-sex marriage, 31 states had enacted laws banning same-sex couples from marrying. The laws have not been in effect since courts ruled them unconstitutional, but they remain on the books in most of those states.
For years they were considered defunct and attracted little attention, but the shifting composition of the Supreme Court has led several states to remove them from their statutes and constitutions. Virginia and Nevada repealed their defunct bans in 2020 and New Jersey codified marriage rights for same-sex couples in 2021.
“We should all be worried about our other fundamental rights that have been obtained through the courts over the last decade or so,” said Utah state Sen. Derek Kitchen, a Democrat and the state’s only LGBTQ lawmaker said on the steps of the statehouse on Tuesday.
Kitchen and New Jersey Assemblyman Don Guardian, a Republican, want more states to remove the same-sex marriage bans from their laws and codify rights for LGBTQ couples to prepare for a worst-case scenario in which the Supreme Court decides to overturn the 2015 same-sex marriage decision.
“I would very concerned for any state that doesn’t take up the same type of legislation now before the court rules (on abortion) so they can protect their LGBTQ+ residents that have gotten married,” said Guardian, who is gay.
Though the New Jersey law passed with bipartisan support, similar moves to codify same-sex marriage rights could face uphill battles in Republican-led legislatures that have begun to revisit LGBTQ issues with newfound zeal.
Some have moved to limit LGBTQ subject matter from school curriculums and regulate healthcare for transgender youth. At least a dozen, including Utah, have passed laws limiting participation in sports for transgender youth.
Kitchen likened the state bans to “trigger laws” that many Republican-led states have enacted to prepare for a scenario in which Roe v. Wade is overturned and states can resume limiting abortions.
But he expressed optimism that same-sex marriage has been embraced widely enough in Utah that codifying protections for LGBTQ couples will win widespread support.
“Utah is a family friendly state. We support families we know how important it is to provide stable units for children to grow,” he said.
Kitchen added: “We have already decided as a community that marriage equality is a value that we care about. So yes, this is something that does have a chance of passing in Utah.”