The Supreme Court ruled on June 26, 2015 that gay couples have the constitutional right to wed. This historic ruling marked a turning point in LGBTQ+ rights in America.
Seven years later, a lot has happened. The Supreme Court is very different. A landmark decision regarding the constitutional right to abortion is currently pending.
The court may leak a draft opinion that suggests it is ready to repeal Roe v. Wade. This could have implications for rights such as the right to same-sex marital.
Jim Obergefell, a civil rights activist, was the lead plaintiff in the 2015 lawsuit. He joined All Things Considered as he shared his perspective on the uncertain future of the case and how it is closer to Roe V. Wade than you might imagine.
This interview was edited to be concise and clear.
The story behind his original lawsuit
The Defense of Marriage Act was struck down by the Supreme Court in The United States against Windsor on June 26, 2013. John was dying from ALS when I proposed to John. We were celebrating our 20th year as a married couple. We were married in a Maryland medical jet and lived in Ohio. We were shocked to learn that John’s death certificates would have been incorrectly filled out when he died. He claimed that he was single. So we sued the state of Ohio, and the city, to get John’s death cert recognized as legal. This was the case that got me to the Supreme Court.
His first reaction to the draft Roe v. Wade opinion that was leaked
My immediate reaction was to say, “What a dark day” for the people of our country and their privacy. I also felt that they had lost the right to their bodies and make their own medical decisions without government interference. That was my initial reaction. I was a little scared when I read the draft in greater detail to understand some of Justice Alito’s reasoning. It is scary for same-sex intimate relationships; will that be illegalized? This leaked decision raises concerns about many aspects that affect the LGBTQ+ community as well as interracial marital relationships.
The link between the ruling regarding abortion and the future for same-sex marriage
This leaked decision is what worries me most. It says “unnumerated rights” and that’s my concern. These are the rights we as Americans have that aren’t specifically listed in the Constitution. They include the right of privacy and the right to marry. The leaked decision states that if these unnumerated rights are to continue as fundamental rights, they must be based on our nation’s history, tradition, and culture. This is a dangerous idea, as marriage equality is just seven years old. This is not a long tradition. It is certainly not the national tradition. That language that speaks of unnumerated rights, based on history and tradition, is what concerns me.
The reaction of the LGBTQ+ community
There is a lot of fear. It’s a common fear. But, it’s one of those things that I consider my job now. To help people understand why they should worry, why they should feel afraid, and why they shouldn’t just believe that this won’t happen. It is possible, and people should believe it can happen. There is fear. But people also wonder, “Well, we can do what?” We can get involved at the state and local level. It will be up to the states to confirm, protect and affirm certain rights that are under threat from the Supreme Court. Most of us, including many of us in the community, are looking at it from the state level and realizing how important it is now or in the future.
