this post was submitted on 22 Feb 2024
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"Making matters worse, if Trump is elected this year he could veto any congressional attempt to reverse such a disastrous ruling of the Court by passing a law guaranteeing same sex marriage rights."

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[–] [email protected] 15 points 1 year ago (4 children)

I might be misunderstanding but I thought legislation was passed and signed to protect same sex marriage at a federal level? https://www.nbcnews.com/politics/politics-news/biden-set-sign-sex-marriage-bill-white-house-ceremony-rcna61423

[–] [email protected] 4 points 1 year ago* (last edited 1 year ago) (2 children)

If you read the article it does not mean states will have to issue licenses to same sex couples in their own state, just, from my understanding, honor ones issued in states where it is legal (which while Obergefell stands is all of them). It is also important to note that the Supreme Court had the power to overturn legislation if it deems it unconditional, so, while it would be hard for them to outright overturn this bill using the constitution, since a state cannot hold religious preference due to seperation of church and state, it cannot be ruled out entirely. I feel it is likely they rule in favor of an individual, such as a county clerk, not having to issue a marriage license if it "goes against their religious beliefs", which could basically mean a ban for large areas of some states with highly religious conservatives.

[–] [email protected] 1 points 1 year ago

Got it! Poor wording on my part, I was more thinking that the interstate guarantee was protected. It’s disgraceful that this “court” even exists and this even had to be a thing.

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