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BumRushDaShow

(163,346 posts)
Thu Nov 6, 2025, 07:37 PM Nov 6

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

12 replies = new reply since forum marked as read
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Supreme Court v. Gay Marriage: Jim Obergefell's Warning as Precedent Tested (Original Post) BumRushDaShow Nov 6 OP
Is there any reference to marriage in the Constitution? sinkingfeeling Nov 6 #1
No but there is the Equal Protection Clause to the 14th Amendment TomSlick Nov 6 #3
I totally agree dickthegrouch Nov 6 #5
You can't have two classes of citizens COL Mustard Nov 6 #7
He should be concerned. maxsolomon Nov 6 #2
Ginny and Clarence Should Worry Too 2na fisherman Nov 6 #4
You got that right! IzzaNuDay Nov 6 #6
I'm not sure Clarence isn't looking for some face-saving way to get rid of Ginni, actually. nt slightlv Nov 6 #8
Same with JD... fujiyamasan Nov 7 #11
I think the Supreme Court is corrupt as hell CozyMystery Nov 6 #9
This would have to be all or nothing by the USSC. valleyrogue Nov 6 #10
"Kicking it back to the states ala Dobbs doesn't work in this case because some benefits... are federal." BumRushDaShow Nov 7 #12

dickthegrouch

(4,169 posts)
5. I totally agree
Thu Nov 6, 2025, 08:12 PM
Nov 6

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)
7. You can't have two classes of citizens
Thu Nov 6, 2025, 08:44 PM
Nov 6

Everyone has to have the same rights and opportunities...at least in theory.

maxsolomon

(37,820 posts)
2. He should be concerned.
Thu Nov 6, 2025, 07:44 PM
Nov 6

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)
4. Ginny and Clarence Should Worry Too
Thu Nov 6, 2025, 08:12 PM
Nov 6

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)
6. You got that right!
Thu Nov 6, 2025, 08:16 PM
Nov 6

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)
8. I'm not sure Clarence isn't looking for some face-saving way to get rid of Ginni, actually. nt
Thu Nov 6, 2025, 09:39 PM
Nov 6

fujiyamasan

(978 posts)
11. Same with JD...
Fri Nov 7, 2025, 01:51 AM
Nov 7

He’s 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… that’s a different story.

CozyMystery

(697 posts)
9. I think the Supreme Court is corrupt as hell
Thu Nov 6, 2025, 10:11 PM
Nov 6

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)
10. This would have to be all or nothing by the USSC.
Thu Nov 6, 2025, 10:31 PM
Nov 6

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)
12. "Kicking it back to the states ala Dobbs doesn't work in this case because some benefits... are federal."
Fri Nov 7, 2025, 04:05 AM
Nov 7

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.

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