Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Thursday, January 13, 2022

Same-Sex Marriage Equality Remains Vulnerable at State Level

From NBC News:

As a majority of the Supreme Court's conservative justices appeared open to overturning Roe v. Wade last month, new fears that the court could also make an about-face on the Obergefell v. Hodges ruling have promoted some lawmakers to enshrine same-sex marriage into state law. New Jersey enacted a law Monday to protect same-sex marriage right throughout the State.

LGBTQ advocates that the justices might also walk back precedent on other cases, including Obergefell. Although many states and U.S. territories had already legalized marriage equality before Obergefell's decision legalizing same-sex marriage nationwide, only 19 states had legalized the nuptials through state legislation. Accordingly, if the Supreme Court were to overturn Obergefell, same-sex marriage would be prohibited in the majority of the country.

Over the decades, the court has struck down state laws that tried to prevent people from marrying on the basis of their race, criminal history and their ability to pay child support payments. 

Read more here.

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