How will the reversal of Roe v Wade affect same-sex marriage?

 There is hardly anyone in the United States who has not heard about the reversal of the landmark 1973 Supreme Court decision rendered in Roe v. Wade. The same court, albeit with different judges, proclaimed in 1973 that the United States Constitution grants the right to abortion, has reversed itself. In the recent court case of Dobbs v. Jackson Women’s Health Organization, the Supreme Court overturned Roe v. Wade. However, it is important to note that this 2022 decision does not say that abortion is now illegal. Instead, it says that abortion is not a protected right as far as the United State Constitution is concerned. This decision lets the states decide and rule on the legal status of abortions. Therefore, a state can choose whether to designate abortion as legal or illegal, as many states do.

Will same-sex marriage rights be overturned?

Now the next question is what effect will the overturning of Roe v. Wade have on other rights, for instance, same-sex marriage? In the 2015 landmark decision of Obergefell v. Hodges, the Supreme Court ruled that, per the U.S. Constitution, the right to marriage is a fundamental right, whether it be same-sex or opposite-sex marriage. This meant that any state, or for that matter, federal legislation prohibiting same-sex marriage is illegal. Therefore, this decision legalized same-sex marriage throughout the Union. What is interesting to note is that the Supreme Court upheld both the right to abortion and the right to same-sex marriage under the due process clause of the 14th Amendment of the US Constitution, which protects against deprivation of the right to life, liberty, and property.

Now that the Supreme Court has ruled that the 14th amendment does not protect the right to abortion, the right to same-sex marriage could also lose its status. In other words, in the future, the Supreme Court could rule that same-sex marriage, like abortion, is not a constitutionally protected right. This is exactly what Supreme Court Justice Clarence Thomas insinuated in his opinion in Dobbs v. Jackson Women’s Health Organization, wherein he stated that he would like to reexamine whether other rights granted through the 14th amendment have been done legitimately.

Therefore, there is a known cause of concern here. With that being said, however, nothing is guaranteeing that one day the Supreme Court will rule that there is no right to same-sex marriage in the U.S. Constitution or vice versa, for that matter. Therefore, there is no need to panic now; if you are concerned, you should be vigilant about the Supreme Court and related news. Only time will tell what sort of tangible effect the overturning of Roe v. Wade will have on same-sex marriage rights. If you are in a same-sex marriage, perhaps now would be a good time to contact qualified attorneys to discuss your rights and options if, one day, the Supreme Court were to overturn same-sex marriage rights.

Contact experienced attorneys today.

If you are concerned about Roe v. Wade’s overturn on the right to same-sex marriage, contact the attorneys at Marler Law Partners. Call us today for a free consultation.