Felling of Obergefell
Could Obergefell vs Hodges be overturned?
Design by Brooke Gavin & Rhea Taneja
Brooke Gavin, Multimedia Editor & Rhea Taneja, Staff Writer
In 2015, under the Obama administration, the Supreme Court ruled same-sex marriage as lawful and protected under the Fourteenth Amendment. The case, Obergefell v Hodges, marked the culmination of same-sex couples being rejected or harassed while attempting to marry. They filed a litany of lawsuits against their home states for not recognizing their marriage. 10 years later, Kim Davis, a former Kentucky clerk, sought to overturn Obergefell and submitted a petition to the Supreme Court.
Davis is a former elected county clerk for Rowan County, KY. She gained national attention in 2015 after refusing to issue marriage licenses to same-sex couples on religious grounds. As a result, the court held her in contempt for alleged acts of disobedience, disrespect, or interference with the judicial process. This suit led to a brief period of Davis's incarceration.
To this day, Davis has many supporters, including religious groups and conservative activists. They viewed her actions as a stand for religious freedom. Former Gov. Mike Huckabee publicly supported her by attending rallies. The Liberty Counsel, a conservative non-profit, backed Davis in her legal battles, and it continues to advocate for the overturning of the Obergefell case, which legalized same-sex marriage. Davis's family continues to publicly support her stance. Many of these groups stand by Davis because they believe same-sex marriage contradicts their religious beliefs.
Many analysts believe this ongoing controversy is comparable to Roe vs Wade. Roe vs Wade was the Supreme Court ruling of abortion being a constitutional right in 1973, but in 2022 was overturned. This gave the power to decide whether abortions are legal or not back to the states. Though the federal right to an abortion was a part of the United States for nearly five decades, the Supreme Court, being majority conservative, was able to overturn it. Three years later, the Supreme Court remains majority conservative, similar to the makeup during the Roe vs Wade decision, giving conservatives the opportunity to overturn another current constitutional right.
According to the 2022 Census report, 710,000 same-sex marriages reside in the United States, with hundreds of thousands living together unmarried. If the Supreme Court overturns Obergefell vs Hodges, each of these couples could be affected, depending on their state of residence. States can restrict access to a marriage license when they invalidate a marriage. Members of the LGBTQIA+ community have been facing setbacks from state powers. For example, certain states have banned gender affirming care. With power moved back to the states on another issue regarding the community, many LGBTQIA+ people are fearful, while it has impassioned conservatives.
"Nearly every year, there’s a huge scare amongst the LGBTQIA+ community that our right to marriage will be stripped away from us," former Northview student Noah Daklouche, who now attends Agnes Scott College, said. Daklouche has been passionate about the LGBTQIA+ community's rights on their campus. The yearly scare targeting the community impacts students like Daklouche, but it also angers them.
"I think the attempt to make same-sex marriage illegal is a sorry excuse for people’s fears and their wish for conformity." Daklouche said, their comments directed toward conservatives. Even students not yet on a college campus are speaking out.
Northview is a diverse community, and this diversity does not diminish when it comes to sexualities.
"I think, if this gets overturned, we will see an increase in homophobia in our school, as it's likely that Georgia will ban gay marriage." Senior Jay Magee said.
Magee is also the president of the Northview Gender and Sexuality Club, a club whose goal is to educate and create a safe space for LGBTQIA+ students. The overturning of Obergefell, as Magee commented, could increase homophobia in school spaces, places that are supposed to be safe for students.
"It will also cause queer students' mental health and wellbeing to plummet," Magee said.
Northview High School has a very prominent mental health advocacy presence, with the Gender and Sexuality Club being strongly a part of that. There are students, similar to Magee, who believe the presence could be threatened by Obergefell being overturned.
There are no further plans to reverse Obergefell vs Hodges. Currently, the Supreme Court has only been asked through petitions for an overturn. Though the current attempt is at a halt, the petition still worries many who are a part of the LGBTQIA+ community, while also fueling conservatives, both passionate about their beliefs and making change.
