Opinion: With the possible overturn of Roe v. Wade looming, the right to same-sex marriage could be next on the Supreme Court chopping block.
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Roe v. Wade isn’t the only Supreme Court case left with unsure footing. Other cases — such as those that protect LGBTQ+ rights — that were built upon Roe’s foundation are now at risk of crumbling with the court’s desire to overturn.

Much like Roe, Lawrence v. Texas used the Fourteenth Amendment’s right to privacy to prevent arrest for same-sex relations, which had previously been restricted by anti-sodomy legislation. Former Justice Anthony Kennedy even cited the use of the Fourteenth Amendment in Roe as a contributing factor to the Lawrence decision in his majority opinion. Other Justices, however, actively fight against LGBTQ+ rights.

Justice Clarence Thomas and Alito expressed their desire to overturn Obergefell v. Hodges — the case that legalized same-sex marriage — in 2020 because it threatened “the religious liberty of the many Americans who believe that marriage is a sacred institution between one man and one woman.” In 2015, Justice Amy Coney Barrett signed a letter to the Synod of Bishops which stated that marriage and family are “founded on the indissoluble commitment of a man and a woman.” Chief Justice John Roberts wrote a dissent for the Obergefell case in 2015. Justice Brett Kavanaugh dodged questions regarding Obergefell during his Supreme Court confirmation hearing. 

Justice Neil Gorsuch wrote a dissent for Pavan v. Smith, the case which ruled that both same-sex parents may be listed on a child’s birth certificate. This doesn’t necessarily mean that he would vote to overturn Obergefell if it came up, but it does show that he doesn’t believe a same-sex couple deserves the same rights as a heterosexual one.

Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan all voted in favor of Obergefell. If the Supreme Court seeks to overturn Obergefell, five of the nine justices may vote to overturn, with Gorsuch possibly being a sixth. 

If the Supreme Court overturns Lawrence and Obergefell, the prejudiced decision could easily lead a community that doesn’t feel accepted by society to be shunted backwards in time to when they weren’t allowed to simply be.

Second-year Family and Human Services major Lu Shingler publicly came out as nonbinary when they were 19 years old here at UO. They attended the Queer Prom held by the LGBTQA3 on May 20, as they had never attended a high school prom. 

“I didn’t want to go to prom [in high school], and I know that my queerness played a role in separating me from my peers on a cognitive level,” Shingler said. “If the [LGBTQA3] prom were not just for the queer community, I don’t think I would have gone.”

Even without direct pressure to not attend, Shingler, like many other queer individuals — including myself — did not feel welcomed at such a heteronormative event in high school. For some, this disconnect continues into other important events, such as weddings.

Shingler does not necessarily want to get married themself, but they do “believe in non-sacrificial marriage equality for all people,” and are thus worried for Obergefell’s safety.

“I would not be surprised if Obergefell v. Hodges got overturned,” Shingler said. “The queer community’s celebration during and since 2015 will never be in vain, but it is clear to me that there is no truly stable ground on which to dance.”
There isn’t a federal back-up to Obergefell. If it is overturned by the Justices, the right to same-sex marriage will be determined by the states, and there are plenty that will criminalize the act once more.

I know that I want to marry another woman someday. I will readily admit that I am one of the people who fantasizes about their dream wedding, though I picture myself in a white suit rather than a dress. I know what song I want to walk down the aisle to, and I know who in my life I’d want to invite to the ceremony. I would give anything to be so in love with someone that I would commit myself to them fully in the eyes of the law.

The law may not willingly bear witness for much longer.