WBUR

The Supreme Court has decided to hold to the initial ruling of Obergefell v. Hodges.

Same-sex marriage was federally legalized in 2015 after the Obergefell v. Hodges case. Despite an increase in societal acceptance since this ruling (Pew Research Center), anti-LGBTQ violence is still present, becoming even more prevalent in recent years (Human Rights Campaign). This is in spite of the multiple laws preventing discrimination against the LGBTQ community having been implemented in the past five years. 

In the midst of this social and legal climate, the Supreme Court of the United States (SCOTUS) received an appeal from Kim Davis, a former Kentucky county clerk who refused to issue a marriage license to David Ermold and David Moore, a same-sex couple. Davis cited her religious beliefs to excuse her disapproval of same-sex marriage. While the Free Exercise clause of the First Amendment ensures the freedom to practice one’s own religion, these practices must remain personal. In other words, you can exercise your religion as long as it doesn’t inhibit someone else’s pursuit of happiness. She was initially sued in 2015 right after Obergefell v. Hodges, but she only appealed to SCOTUS a decade later. 

Davis’ appeal came at an especially crucial time, as Roe v. Wade, which guaranteed the constitutional right to have an abortion, was overturned just three years ago. Initially after this re-ruling, many were afraid same-sex marriage would be next. While the overruling alone does not suggest Obergefell would be reevaluated, the political climate and trends of the past few years do. 

Firstly, comments made by Justice Clarence Thomas were worrisome to many; he stated that SCOTUS cases such as Griswold v. Connecticut, Lawrence v. Texas, and Obergefell v. Hodges deserved a reevaluation, all cases that pertain to protecting one’s right to their personal, private, decisions (Politico). 

Another key component to why many were worried Obergefell would be overruled is Justice Samuel Alito. He dissented to the 2015 decision and the Justice who authored the final ruling has since retired, giving way to a conservative majority. Even after the decision was made, Alito publicly spoke about his contrasting opinion with the majority ruling of Obergefell. Adding the fact that he was the one who wrote the 2022 ruling overturning Roe v. Wade, the likelihood of same-sex marriage remaining a civil right was low. Interestingly, Alito stated he does not believe the same-sex marriage decision should necessarily be overruled (NBC News). 

Fortunately, this combination of Justices with varying and complex opinions is what led to the eventual rejection, Davis’ appeal was rejected without comment from SCOTUS. 

After Davis initially refused to issue the marriage license to Moore and Ermold, she was ordered to finalize the license. When she still refused, Davis was put in jail for six days. In the meantime, Moore and Ermold were finally able to secure a marriage license. 

Sadly, Davis’ discriminative actions and beliefs are not unpopular in the land of the free. 

On average, 57% of LGBTQ adults perceived a great deal of societal acceptance for lesbian, gay, and bisexual people, only 13% perceiving the same for transgender and nonbinary people (Pew Research Center). Additionally, 2023 saw a 20% increase of anti-LGBTQ hate crimes from the previous year (Human Rights Campaign). While numerous laws preventing discrimination against the LGBTQ community have been put in place, violence is still persistent. 

It is true that Davis’ case was rejected, and there are no known similar appeals as of Dec. 2, but the future is still uncertain for LGBTQ individuals. Paired with the erasure of transgender participation in the Stonewall Riots and other social movements on official historical websites, fear is beginning to spread even further among the next likely victims—the rest of the LGBTQ community, people of color, immigrants, and all other minorities in the U.S. As an American, I hope the government, and SCOTUS in particular, can uphold the values of equality and freedom that this country was built upon.