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The Looming Threat to Marriage Equality at the Supreme Court

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October 5, 2020
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Today, in a statement in Davis v. Ermold, authored by Supreme Court Justice Clarence Thomas and joined by Justice Samuel Alito, the Justices indicated a desire to overturn Obergefell v. Hodges, the case granting marriage equality to LGBTQ people. The Obergefell decision was a close win and is vulnerable following the passing of Justice Ruth Bader Ginsburg.

The nightmare of a hostile Supreme Court majority is already here. The confirmation hearings for Judge Amy Coney Barrett haven’t even started yet and Justices Thomas and Alito are already creating a laundry list of cases they want to overturn. And unsurprisingly, marriage equality is first on the chopping block. Confirming Judge Barrett would be the final puzzle piece they need in order to make it happen. 

Overturning our right to legally marry the person we love and to protect our families would only be the beginning; none of the hard-fought rights that we have won in the courts are safe. That includes the right to marry, to work, or to be recognized as the legal parents of our children.

But we will not be forced back into the closet. Lambda Legal has taken on tough fights before, beginning in 1973 when we had to sue for our very right to exist under New York law, and we’re ready for this one, too. We have come too far in the 47 years since we were founded to turn back now.