Q&A: Under President Trump Could Marriage Equality Get Rolled Back to Pre OBERGEFELL ET AL. v. HODGES?

In 2015, the Supreme Court of the United States ruled that gay people have equal right to marry as straight people in America in the case Obergefell v Hodges. Thus, today, marriage equality is the law of the land in the United States and gay people not only have the right to marry and for their marriage to receive full faith in credit in the 50 states and in all US territories, but they also have the right to divorce anywhere that they meet the residency requirements in the country.

Could this change all under President Trump? If he could change abortion rights could he also change marriage rights of gay people by appointing the types of conservative judges to the Supreme Court, for example, who could overrule Obergefell? During the presidential campaign he apparently said he would consider overturning it by appointing judges who were ideologically similar to the late Antonin Scalia who opposed marriage equality – which was “widely regarded as the last frontier for gay rights activists” to wit:

Marriage equality was widely regarded as the last frontier for gay-rights activists. In June 2014, the Supreme Court overturned the 1996 Defense of Marriage Act, opening up federal benefits to same-sex married couples, but state-level benefits were still in limbo in the 13 states that ban same-sex marriage, including Michigan, Ohio, Kentucky, Florida and Tennessee. Overturning the Supreme Court decision would mean that spouses (and children) in same-sex families might not be eligible for federal health care or company health insurance provided by their spouse’s plan, and same-sex married couples would have to pay federal inheritance tax if one spouse left money to the other.  – Marketwatch.com

It is left to be seen what happens but there are many people who have serious concerns about this issue and what it will mean for gay families not only as far as marriage but obviously for divorce, health care, inheritance & insurance issues, etc.

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