Is it possible that SCOTUS might reverse marriage equality? What then about the thousands of couples already married?
- Anonymous3 weeks agoFavorite Answer
I think that a conservative US Supreme Court won't directly overturn it, but they will hollow it out as to make it almost meaningless. Then they will say: You have the right to get married, but we don't have to recognize it or give you any of the rights or responsibilities that go with it. They will use "religious liberty" as a right to discriminate.
I don't think most people have an idea of how bad things are right now. For years under Obama, Mitch McConnell blocked judicial nominees. So by the time Trump took office there were dozens of unfilled federal judgeships. Since the election McConnell and Trump have been very busy packing the federal bench with radical right judges. Judges that even the conservative American Bar Association didn't approve of. And the worst part is these are all LIFETIME appointments. So we're going to be stuck with these judges on the federal bench for decades after Trump is gone. Republicans are losing the demographic battle as our country becomes more diverse, but they'll be able to maintain a lot of power nonetheless because they'll effectively control the courts.
The nightmare scenario is that Trump somehow gets re-elected and makes the situation even worse. If that happens, then, YES, Marriage Equality could be directly overruled. We need a big blue wave in 2020 if we're going to have hope of maintaining equality.
- 2 weeks ago
It's extremely unlikely that reversal of marriage equality would ever happen.If it did,we can't say for sure how it would be implemented and how exactly it would affect Gay married couples.What we know for sure is that it would be extremely unpopular and the whole country would be turned upside down with endless protests and outcry. No matter how conservative the supreme court becomes,going after marriage equality is not worth it.
- Anonymous3 weeks ago
It doesn't seem possible legally (by what precedent/argument?!) but considering how corrupt the court is and that anything can be bought, who knows. Marriages that were legal would be grandfathered in. That's how it worked when California legalized it (June 2008), then banned it (November 2008), then legalized it again (2013).
Of course SCOTUS can revisit and reverse court decisions. That's what they do all the time. I just can't think of any possible legal argument...
- Mx_latinx_folxLv 73 weeks ago
No, on June 26, 2015, the U.S. Supreme Court held in a 5–4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. I don't think SCOTUS can reverse it, what's done is done
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- out2lunch4now2Lv 73 weeks ago
What is this "marriage equality" about which you babble?
Thumbs down but no one with the intelligence to give an answer. Typical.