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Ten Years of Gay Marriage: Will the Supreme Court Revisit This?

&NewLine;<h4 class&equals;"wp-block-heading">How the Supreme Court Redefined Marriage<&sol;h4>&NewLine;&NewLine;&NewLine;&NewLine;<p>In June of 2015&comma; the United States Supreme Court ruled in <em>Obergefell v&period; Hodges<&sol;em> that same-sex couples had a constitutional right to marry&period; This decision struck down state laws that had defined marriage as only between one man and one woman&period; For many&comma; it was celebrated as a civil rights victory&period; But to others&comma; it was a blow to the very foundation of marriage itself&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Chief Justice John Roberts&comma; in his dissent&comma; warned that the Court’s decision was a mistake because it bypassed the will of the people&period; He said&comma; &OpenCurlyDoubleQuote;Stealing this issue from the people will for many cast a cloud over same-sex marriage&comma; making a dramatic social change that much more difficult to accept&period;” To critics&comma; Obergefell was not about equality but about the Court imposing a radical social change that undermined the natural and religious meaning of marriage&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h4 class&equals;"wp-block-heading">What Public Opinion Looked Like at the Time<&sol;h4>&NewLine;&NewLine;&NewLine;&NewLine;<p>Public opinion on same-sex marriage shifted rapidly in the years leading up to Obergefell&period; In 1996&comma; Gallup found that just 27&percnt; of Americans supported it&period; By 2004&comma; when President George W&period; Bush ran for reelection&comma; 11 states passed constitutional amendments banning same-sex marriage&comma; and exit polls showed that only about one-quarter of Americans supported legalizing it&period; Even in 2008&comma; California voters approved Proposition 8 to ban same-sex marriage in their state&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>When the Supreme Court made its ruling in 2015&comma; the country was still divided&period; Support had only recently crossed the majority mark&period; Critics argued that redefining marriage in this way ignored the central role of children&comma; family structure&comma; and faith&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h4 class&equals;"wp-block-heading">A Nation That Flipped in a Decade<&sol;h4>&NewLine;&NewLine;&NewLine;&NewLine;<p>Today&comma; nearly 70&percnt; of Americans say they support same-sex marriage&comma; according to Gallup&period; But this overall number hides deep divisions&period; Democrats’ support has climbed to 88&percnt;&comma; and independents remain steady at 76&percnt;&period; Republicans&comma; however&comma; have shifted in the opposite direction&period; Support among Republicans dropped from a majority of 55&percnt; in 2021 and 2022 to just 41&percnt; this year&comma; the lowest level since 2016&period; Gallup called this the &OpenCurlyDoubleQuote;largest gap between Republicans and Democrats” on the issue since polling began nearly three decades ago&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>On the moral question&comma; Gallup found that 64&percnt; of Americans say same-sex relations are morally acceptable&period; Yet here again&comma; partisans are moving in opposite directions&period; Eighty-six percent of Democrats agree&comma; while only 38&percnt; of Republicans do&comma; the lowest level for that group since 2012&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h4 class&equals;"wp-block-heading">Religious Pushback and the Southern Baptist Resolution<&sol;h4>&NewLine;&NewLine;&NewLine;&NewLine;<p>Signs of a backlash are emerging&period; At their 2025 national meeting&comma; Southern Baptist delegates overwhelmingly approved a resolution that called for &OpenCurlyDoubleQuote;the overturning of laws and court rulings&comma; including <em>Obergefell v&period; Hodges<&sol;em>&comma; that defy God’s design for marriage and family&period;” The resolution further urged legislators to pass laws that affirm marriage between one man and one woman&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Andrew Walker&comma; a professor at Southern Baptist Theological Seminary&comma; admitted that repealing Obergefell would be difficult&comma; but said the denomination must push forward anyway&period; &OpenCurlyDoubleQuote;I am clear-eyed about the difficulties and the headwinds in this resolution&comma;” he told reporters&comma; but he also emphasized that Obergefell was a &OpenCurlyDoubleQuote;flawed decision” that Christians should resist&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h4 class&equals;"wp-block-heading">The Kim Davis Appeal and Religious Liberty<&sol;h4>&NewLine;&NewLine;&NewLine;&NewLine;<p>Kim Davis&comma; the Kentucky clerk who was jailed in 2015 for refusing to issue marriage licenses to same-sex couples&comma; is now directly asking the Court to overturn Obergefell&period; In her appeal filed in July&comma; she argued that her case is about protecting religious freedom&period; &OpenCurlyDoubleQuote;If ever there was a case of exceptional importance&comma; the first individual in the Republic’s history who was jailed for following her religious convictions regarding the historic definition of marriage&comma; this should be it&comma;” she told the justices&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Her case has become a rallying point for those who believe Obergefell trampled both the Constitution and the traditional understanding of marriage&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<h4 class&equals;"wp-block-heading">Warnings From the Court Itself<&sol;h4>&NewLine;&NewLine;&NewLine;&NewLine;<p>The possibility of Obergefell being overturned is not far-fetched&period; When the Supreme Court struck down Roe v&period; Wade in 2022&comma; Justice Clarence Thomas specifically wrote that the Court &OpenCurlyDoubleQuote;should reconsider all of this Court’s substantive due process precedents&comma;” naming Obergefell among them&period; Justice Samuel Alito has also been openly critical of the 2015 decision&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The ideological makeup of the Court is different from a decade ago&period; Justice Anthony Kennedy&comma; who wrote the majority opinion in Obergefell&comma; has since retired&period; Justice Ruth Bader Ginsburg&comma; another supporter of same-sex marriage&comma; has also been replaced&period; Both were succeeded by more conservative justices&period; For opponents of Obergefell&comma; this shift raises the possibility of a future reversal&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Supporters of same-sex marriage insist that the ruling has strengthened families&period; Mary Bonauto&comma; one of the attorneys who argued the Obergefell case&comma; said the decision was &OpenCurlyDoubleQuote;transformative for so many people to be able to have a family that is recognized as a family under law&period;” She pointed to tax filing&comma; health insurance&comma; and adoption rights as examples of protections made possible by the ruling&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>But even Bonauto admits that continued vigilance is needed&period; &OpenCurlyDoubleQuote;That optimism also rests on continued vigilance since there are those who seek to undo it&comma;” she said&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Critics argue that Obergefell stripped marriage of its true purpose&period; They see marriage as designed to unite men and women for the sake of family and society&comma; not simply as a contract between individuals for personal recognition&period; To them&comma; Obergefell was an attack on regular marriage&comma; replacing a child-centered institution with an adult-centered one&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The cultural consequences are now being felt in debates over gender and family life&period; Religious conservatives argue that Obergefell opened the door to further distortions of moral truth&period; As one Southern Baptist leader explained&comma; the goal must be &OpenCurlyDoubleQuote;renewed moral clarity in public discourse regarding the crisis of declining fertility and for policies that support the bearing and raising of children within intact&comma; married families&period;”<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>Ten years after the Supreme Court blessed same-sex marriage&comma; the nation remains deeply divided&period; While public opinion seems settled&comma; the political and religious undercurrents tell a different story&period; For millions of Americans&comma; Obergefell was never legitimate&comma; and the hope of overturning it has not gone away&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p>The future of marriage in America now depends not only on polls and public opinion but on the willingness of lawmakers&comma; judges&comma; and religious leaders to defend what they call God’s design for family&period; For those who believe marriage can only be between a man and a woman&comma; the fight is far from over&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p><strong>PB Editor&colon; <&sol;strong> I would not have believed that anyone would challenge gay marriage after the Supreme Court made this ruling&period; And Trump has not indicated any particular preference for or against gay marriage&period; But many did indeed expect it&comma; and the rumblings are there&period; Not sure where this will go&comma; but the journey has not yet ended&period;<&sol;p>&NewLine;

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