Supreme Court v. Gay Marriage: Jim Obergefell's Warning as Precedent Tested
Source: Newsweek
Published Nov 06, 2025 at 05:00 AM EST updated Nov 06, 2025 at 11:31 AM EST
Jim Obergefell, the lead plaintiff in the landmark 2015 Supreme Court ruling that guaranteed nationwide same-sex marriage rights, is "worried" and warns that the precedent his case established is now facing a "scary path."
The Supreme Court has scheduled a private conference for Friday to decide whether to hear a challenge brought by former Kentucky county clerk Kim Davis, which urges the Supreme Court to overturn Obergefell v. Hodges. Matthew Staver, attorney for Davis, told Newsweek last month that Obergefell "has no basis in the Constitution," saying the decade-old decision "could be overruled without affecting any other cases."
Although many legal analyst believe same-sex marriage rights are unlikely to be overturned, even by the conservative leaning Supreme Court, Obergefell told Newsweek in a Wednesday interview that he remains concerned. He pointed to the justices 2022 decision to overturn Roe v. Wade, which had guaranteed abortion access across the country for nearly 50 years.
"This court, to me, is far from normal, and that's what concerns me. We now have a Supreme Court that has shown it is willing to turn its back on precedent, which had always been a bedrock principle for the Supreme Court," he said.
Read more: https://www.newsweek.com/supreme-court-gay-marriage-jim-obergefell-warning-precedent-tested-10999490
sinkingfeeling
(56,780 posts)TomSlick
(12,812 posts)dickthegrouch
(4,169 posts)If our marriages aren't valid in federal law, then those 1400+ benefits of heterosexual marriage in federal regulations and law aren't valid either.
Take all or none.
Until all of us are free, none of us is free.
COL Mustard
(7,801 posts)Everyone has to have the same rights and opportunities...at least in theory.
maxsolomon
(37,820 posts)Obergefell v. Hodges was a 5-4 decision. Roberts, Scalia, Thomas, and Alito all wrote dissenting opinions. 3 of those 4 are still there, with 3 new Trumpists added.
2na fisherman
(168 posts)So when will the court overturn the 1967 Loving v. Virginia decision and re-affirm the criminalization of interracial marriage? Some of the racist MAGA folks want to make political currency of the crime of miscegenation. I wonder if the hypocritical Thomas would vote to overturn Obergefell v. Hodges thereby delegitimizing his own marriage by proxy. Stare decisis be damned.
IzzaNuDay
(1,191 posts)First they came for the LGTBQ community, Loving vs. Virginia could be next in the list.
Perhaps JD might want to warn SCOTUS to leave enough alone
. knock some sense into Clarence especially!
slightlv
(7,039 posts)fujiyamasan
(978 posts)Hes gotta dump the brown devil worshipping woman and get the blonde Christian widow with the leather pants.
Now, if the Supreme Court explicitly banned relationships with furniture
thats a different story.
CozyMystery
(697 posts)Except for 3 justices. The rest of them are just beyond belief. I do not respect them any more.
Not that they care.
valleyrogue
(2,467 posts)Kicking it back to the states ala Dobbs doesn't work in this case because some benefits like federal tax bennies and Social Security spousal/survivor benefits are federal.
I wouldn't be surprised if Obergefell is overturned eventually.
BumRushDaShow
(163,346 posts)Access to drugs like mifepristone, that are approved federally are being handled differently now that Roe was overturned, so some states like TX have gone hyper-hysterical about that (and similar drugs) coming into the state, even if prescribed by an out-of-state physician.
Overturning Obergefell could be done with caveats of no longer requiring states to issue "new" same-sex marriage licenses, but being required to grandfather any existing ones. It may not be dealt with this soon, but like Obergefell himself is concerned about, it's coming.
They might not accept that loon Kim Davis' case but others will most certainly try, and may push stronger First Amendment/"religious objection" excuses.