This would leave the door open to a legal challenge by same-sex marriage supporters. LGBTQ+ legal experts said that to overturn Obergefell, opponents of same-sex marriage could create a test case similar to the abortion restrictions in Mississippi that handed the Supreme Court the opportunity to overturn Roe.Ī conservative state legislature could pass a law banning same-sex marriage, or a governmental agency that provides spousal benefits could refuse to recognize the relationship.
How could same-sex marriage be overturned? “But it encourages state lawmakers pandering to (their political) base to test the limits of court recognized LGBTQ+ equality,” she said in a statement. Overturning Roe will have “no immediate impact” on any other case, said Sarah Warbelow, legal director for Human Rights Campaign (HRC), the largest U.S. “A draft like this attacks abortion access, and also countless settled legal precedents on which generations of people in this country have relied,” said Camilla Taylor, deputy director for litigation at the LGBTQ+ group Lambda Legal. The leaked draft ruling on abortion has raised fears that other landmark civil rights cases could also face legal challenges in the Supreme Court.
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