“The case involving Kim Davis may be a vehicle to overturn Obergefell. This case is working its way back to the Supreme Court where one of the arguments will be that Obergefell was wrongly decided. Justices Thomas and Alito have already invited future challenges to the 2015 Obergefell marriage case since the decision was never constitutional.”
(Liberty Council) Although the House passed the “Respect for Marriage Act” with a 258-169 vote that included 39 House Republicans, this action is a strategic blunder by advocates of same-sex marriage. Rather than a victory, the “Respect for Marriage Act” will make easier the argument to overturn the U.S. Supreme Court’s 2015 5-4 opinion in Obergefell v. Hodges regarding same-sex marriage.
Three of the five Justices in the slim Obergefell majority are no longer on the Court – Kennedy, Breyer, and Ginsburg. Chief Justice John Roberts issued a stinging dissent. Justice Thomas and Alito also dissented. Justices Gorsuch, Kavanaugh, Barrett, and Jackson have since joined the High Court.
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