Wednesday, November 6, 2024
LGBTQ+ marriage is legal, but it’s back on the ballot in three states
From 19th News:
Voters in three progressive states are heading to the polls to vote on marriage equality. California, Colorado and Hawaii all have ballot measures that would codify the right of people of all genders to marry under state law.
That might sound like déjà vu: The Supreme Court granted same-sex couples the right to marry nationwide in its historic Obergefell v. Hodges decision in 2015. But many LGBTQ+ rights advocates have worried about the vulnerability of marriage equality: Some Supreme Court justices have expressed an interest in overturning the landmark ruling in legal opinions, and the court overturned its own precedent on abortion with the 2022 case Dobbs v. Jackson Women’s Health Organization.
These three states are the first to bring the question of marriage equality to voters after Obergefell. Most states (35 total) still have a constitutional ban or a statute outlawing same-sex marriage. While the 2015 Obergefell decision currently supersedes those bans, they would come back into play if the Supreme Court ever revisited its 2015 decision (three, including Hawaii, are technically unenforceable).
Read more here.
https://lawprofessors.typepad.com/family_law/2024/11/lgbtq-marriage-is-legal-but-its-back-on-the-ballot-in-three-states.html