Dobbs v. Jackson: What the Supreme Court’s Abortion Decision Means for Same-Sex Marriage
Same-sex marriage became legal across the United States on June 26, 2015, thanks to the Supreme Court’s ruling in Obergefell v. Hodges. This landmark decision was a victory for LGBTQIA+ rights, affirming that same-sex couples have the same fundamental right to marry just like anyone else.
However, this hard-won progress now feels uncertain. In 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, ending federal protections for abortion rights. Both cases, Roe and Obergefell, rest on similar legal principles, particularly the constitutional right to privacy. With the Court’s willingness to revisit established precedents and the inauguration of Donald Trump in 2025 adding further uncertainty, many are questioning the future of marriage equality and LGBTQIA+ rights more broadly.
So, why are some people connecting abortion access and same-sex marriage? The answer comes down to a legal concept called precedent.
The Role of Precedent in Legal Decisions
Precedent refers to when courts rely on past decisions to guide rulings on similar cases. This is rooted in a Latin term, stare decisis, which means “to stand by things decided.” Many important Supreme Court decisions, including Roe and Obergefell, were based on this principle.
The Roe v. Wade ruling didn’t just legalize abortion; it also established that people have the right to make personal choices about their own lives without the government interfering. This idea of a “right to privacy” became the foundation for other cases, like the right for interracial couples to marry, access to birth control, and eventually, same-sex marriage in Obergefell v. Hodges.
When the Supreme Court overturned Roe in 2022, it shook the foundation for all the rights that depend on similar privacy protections.
A New Policy Landscape
One of Trump’s first actions after taking office was to issue an executive order narrowly defining gender in federal policies, erasing recognition of transgender and nonbinary individuals. Such actions magnify concerns that LGBTQIA+ rights may come under further scrutiny in this administration, making the fight for marriage equality and broader protections all the more urgent.
Adding to the anxiety is the current makeup of the Supreme Court. With three conservative justices appointed by Trump during his first term, the Court now has a 6-3 conservative majority. Trump’s 2025 inauguration raises fears that any new Supreme Court vacancies could shift the balance even further, making it more likely that cases like Obergefell could be challenged.
How Are Supreme Court Justices Appointed?
Here’s a quick breakdown of how Supreme Court appointments work:
- A Vacancy Happens: A seat on the Court opens up, usually because a justice retires or passes away.
- The President Nominates: The President picks someone to fill the spot, often a judge or legal expert.
- The Senate Judiciary Committee Reviews: This committee interviews the nominee to decide if they’re qualified.
- Senate Votes: The entire Senate votes on whether to approve the nominee. A simple majority is needed.
- Lifetime Appointment: If confirmed, the nominee becomes a justice and serves for life or until they choose to step down.
The president and Senate’s political leanings can make a big difference in who gets appointed, which is why Trump’s return to the presidency adds stress to an already tense situation.
A Call to Action for the LGBTQIA+ Community
The fight for civil rights requires vigilance and participation. From advocating for inclusive policies to understanding how Supreme Court nominations impact the judiciary, staying informed and engaged is vital. Above all, the LGBTQIA+ community must continue building coalitions, fostering resilience, and claiming spaces where joy and love can flourish, no matter the challenges ahead.
The future of marriage equality and broader LGBTQIA+ rights remains uncertain, but one thing is clear: this community has a long history of perseverance, and there’s no way in hell it’s stopping now.