Some gay couples are concerned that the Supreme Court may rescind their right to marry following the overturning of Roe v. Wade in 2022. Justices Clarence Thomas and Samuel Alito have signaled they would be open to reversing the Obergefell ruling that legalized same-sex marriage. However, advocates like Mary Bonauto believe that marriage equality is unlikely to change in the foreseeable future. The incoming Trump administration has not indicated any intention to roll back same-sex marriage legalization, despite enacting policies that harmed LGBTQ individuals during his first term.
Efforts have been made to safeguard same-sex marriage, such as the bipartisan Respect for Marriage Act passed in 2022 to protect federal rights for same-sex and interracial marriages. Some states have also enacted measures to protect same-sex marriage within their borders. Despite these protections, concerns remain among same-sex couples, with some considering expediting their wedding plans amid fears of potential changes in policy.
Trump’s spokesperson Karoline Leavitt has stated that the president aims to unify the country and be a president for all Americans, refuting claims that he intends to roll back legalized marriage for same-sex couples. Bonauto pointed out the safeguards in place to protect same-sex marriage in case Obergefell is rescinded. The uncertainty surrounding the future of same-sex marriage has led some couples, like Michael Kaye in New York City, to consider eloping before the inauguration in response to fears of regression in LGBTQ rights.
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