Saying the US Supreme Court could "do to gay marriage what they did to abortion," Hillary Clinton recently suggested that the court might well reverse its landmark decision legalizing same-sex marriage. Speaking on Fox News' The Five and the Raging Moderates podcast, Clinton encouraged LGBTQ+ couples considering marriage to move forward, voicing concern that the nationwide right to marry could be rescinded and left to the discretion of individual states, per Axios. "I don't think they'll undo existing marriages, but I fear that they will undo the national right," Clinton noted.
This warning comes amid renewed legal challenges to Obergefell v. Hodges, the 2015 ruling that established marriage equality nationwide. Although LGBTQ+ advocates believe the Supreme Court is unlikely to revisit the issue soon, the 2022 overturning of Roe v. Wade has heightened concerns about the stability of other rights based on similar legal principles. Per the Hill, support for marriage equality "remains at historic highs," though a Gallup survey from May shows that support among Republicans had dipped to 41%.
Currently, more than 24 states have laws poised to limit or end marriage equality if Obergefell were overturned, per Axios. Justice Clarence Thomas, in a concurring opinion related to the Dobbs abortion case, indicated that the court should reconsider earlier decisions, including Obergefell. Congress responded after Roe was overturned by passing the Respect for Marriage Act, codifying same-sex and interracial marriages. However, this law doesn't prevent individual states from restricting new same-sex marriages if the Supreme Court's precedent is overturned.
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