It's been a full decade since the U.S. Supreme Court issued its landmark ruling on June 26, 2015, which legalized same-sex marriage nationwide, and yet, the societal and legal landscapes have remained very much alive with challenges and affirmations of this right. As ABC7 Chicago reports, Harold Krent, Professor of Law at the Chicago-Kent College of Law, acknowledges potential threats to the legality of same-sex marriage given the current composition of the Supreme Court, with only two justices from the original majority still on the bench and the addition of three justices appointed by former President Trump.
While there isn't a case pending at the Supreme Court that could directly overturn the ruling, Krent suggests "there will be challenges based on religious rights," indicating a possible battleground for future litigation. Jim Bennett, formerly of Lambda Legal, adds a note of cautious optimism in an interview obtained by ABC7, pointing out that acceptance of same-sex marriage remains profound, enjoying "around 70 percent" approval among Americans, noting a small dip among Republicans, but increases within Democrat and Independent ranks still despite the political and judicial uncertainties, concerns are bubbling up, in states and within powerful religious groups such as the Southern Baptists, which have vocalized their intent to see the Supreme Court's decision upturned.
From the practical standpoint of day-to-day life, the ruling wasn't just a symbolic victory but one that conferred tangible rights and protections for married same-sex couples, such as hospital visitation rights, decision-making during medical crises, and the parental rights that accompany marriage. However, this hard-won normalcy is not without its precarious edge, as affirmed by WGN-TV, which recounts the story of plaintiff James Obergefell, whose marriage on a Maryland tarmac led to a historical legal challenge when his home state of Ohio wouldn't recognize it on his late partner's death certificate.
Reflecting on the anniversary of the ruling, Obergefell has expressed concerns about the lasting nature of LGBTQ+ rights, while some states work to fortify legal protections for same-sex married couples against possible future reversals, and others introduce resolutions urging a reversal and the Southern Baptist Convention advocates vociferously for a ban on gay marriage, but on the brighter side, the number of married same-sex couples has surged beyond 823,000 since the decision, painting a powerful picture of how legislative shifts can dramatically affect the fabric of society, much like a change in the wind alters the course of a sailboat, albeit this boat's path seems to weather recurrent squalls.
As June 26 approaches, the legacy of the Obergefell v. Hodges decision continues to be as much about legal intricacies as it is about the lived experiences of countless Americans, its historical significance undiminished even as its future remains an active subject of national discourse and legal strategizing, with each new development a potential pivot point in an ongoing narrative of civil rights in America.
