At Least 25 States Are One Supreme Court Decision Away From Banning Same-Sex Marriage

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07/23/2022

In his decision to help gut Roe v. Wade, Justice Clarence Thomas wrote that the Supreme Court “should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell”—cases that enshrined Americans’ right to contraception, to intimate same-sex relationships, and to marriage equality. In the past week, Democrats have raced to codify same-sex marriage, culminating in Tuesday’s passage of the Respect for Marriage Act in the House. Now, the bill rests in the hands of the Senate, where it’s not yet clear if enough Republicans will support the bill and help it avoid a 60-vote filibuster. What would happen if it doesn’t pass? Currently, there are at least 32 states—Arizona, Louisiana, and Ohio among them—that have either constitutional amendments, state laws, or both that prohibit same-sex marriage.

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