Supreme Court Justice Clarence Thomas, in his footnote to the decision overturning abortion access nationwide, wrote that the court should “reconsider all of this Court’s substantive due process precedents” including:
- Griswold [granted the right to contraception]
- Lawrence [struck down anti-sodomy laws]
- Obergefell [legalized marriage equality].
“We have a duty to ‘correct the error’ established in those precedents,” Thomas wrote.
If the court overturns Obergefell, it would essentially leave individual states to decide their own same-sex marriage laws.
Nearly 30 states have same-sex marriage bans on their books.

The Respect for Marriage Act now working its way through Congress would officially repeal the so-called Defense of Marriage Act (DOMA), the 1996 law that forbade the federal government from legally recognizing same-sex marriages.
It would require the federal and state governments to recognize same-sex marriages as long as they occurred in states that offer them. It would also allow spouses to sue states that refuse to recognize such marriages.
David Cicilline, Chair of the Congressional LGBTQ+ Equality Caucus, said. “This legislation will protect their marriages and ensure they continue to be recognized, even if a future Supreme Court overturns landmark marriage equality decisions.”
Within days of the measure’s passage in the House in mid-July with the support of 47 Republicans, 83 conservative organizations wrote Senate Minority Leader Mitch McConnell (R-KY), claiming that the bill would legalize polygamy and incest.
The bill needs the votes of 10 Republican Senators to reach the 60-vote threshold needed to overcome a guaranteed filibuster and become law.

Thus far, Senators Susan Collins (R-ME), Lisa Murkowski (R-AK), Rob Portman (R-OH), and Thom Tillis (R-NC) have said that they would vote in favor of the bill, but mainstream Republicans have already begun equating public recognition of LGBTQ people with “grooming” children for pedophilia.
Sen. Ron Johnson (R-WI), who initially said that he would “not oppose” the bill, has since changed his mind. “This is just Democrats opening up a wound that doesn’t need to be opened up. And now that I’ve talked to people there are some very serious concerns on religious liberty…. I would not support it in its current state.”
Sen. Ted Cruz (R-TX) has said on his podcast that he will oppose the bill. “This bill without a religious liberty protection would have massive consequences across our country, weaponizing the Biden administration to go and target universities, K-12 schools, social service organizations, churches and strip them all of their tax-exempt status.”
Sen. James Lankford (R-OK) has also said he’ll oppose the bill, stating, “I believe marriage is between a man and a woman.”
Senate Majority Leader Chuck Schumer has promised that the Senate will vote on the measure before the November elections.














