A pioneer of same-sex marriage rights spoke at Manny’s in San Francisco Thursday addressing concerns that the Supreme Court could overturn the right for gay couples to marry.
Jim Obergefell was the lead plaintiff in the court’s case that made gay marriage legal back in 2015.
Word of his victory led to celebratory crowds in the streets – especially in the Bay Area.
But now, the LGBTQ community is concerned about their rights following the overturning of Roe v. Wade, and conservative Justice Clarence Thomas signaling other landmark decisions, like this, may need to be revisited.
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“It’s the first time ever the Supreme Court has taken away a right that was previously affirmed by that court,” said Obergefell. “That’s a terrifying thing for this nation. When one right is taken away it puts all other rights at risk.”
On Thursday morning, Obergefell testified in front of the House Judiciary Committee on the topic of a post-Roe America, saying other rights need to be preserved.
“I just wonder, what [does the Supreme Court] want for this country? Do they want us to go back in time, to be stuck in time back in 1787 when the constitution was written? That is not in the best interests of our nation,” said Obergefell.
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Those at Manny's are hoping the issue inspires them to take action.
“In California we live in this little bubble where we think everything is safe, but it’s not,” said Frank Woo of San Francisco. “So, we need to focus on those states that are flippable.”
Constitutional Law Professor Margaret Russell said a state would likely have to try and ban same-sex marriage, then the legal fight would ensue, and could appeal all the way to the Supreme Court.
“And there would be an actual case with someone who was injured by a government action prohibiting same-sex marriage,” said Russell.
Four justices would have to agree to hear the case, and she notes justices Thomas, Alito, and Roberts already dissented in the Obergefell case.
“Cases can be brought, and they can be expedited and they can be reviewed very quickly through a number of emergency arguments,” said Russell. “‘Stop this law from going into effect’ or ‘stop the court from stopping this law.’”
Both she and Obergefell say the court’s composition won’t change anytime soon. And if you don’t like it -- speak up -- and vote.
