Friday, August 10, 2018
Could Obergefell Be Overturned With Kavanaugh On S.C.?
Much has been made in the media of the possibility of Roe vs. Wade being overturned if Brett Kavanaugh is confirmed to be on the Supreme Court -- and rightfully so. That decision, which has stood for more than four decades, would be in danger.
But there is another much newer decision that would also be in danger -- Obergefell vs. Hodges. Obergefell is the court decision that gave gays and lesbians the same right that all other Americans have -- the right to marry the person they love.
Obergefell was only decided in June of 2015 -- a mere three years ago. That is not long enough to be considered as settled law (as some claim Roe vs. Wade is). And it was decided on a narrow 5 to 4 vote. with Justice Kennedy casting the deciding vote. Kavanaugh is more socially conservative than Kennedy was, and would probably side with the four justices voting against Obergefell -- Roberts, Alito, Thomas, and Scalia (now replaced by equally right-wing Gorsuch).
I believe there is significant danger that Obergefell will be overturned if Kavanaugh is confirmed. And you can bet that the evangelical right will make sure a case gets to the court in a short time.
If it was overturned, that would go against the wishes of a substantial majority of Americans. About 62% of the public says they agree with the verdict, and do not want it to be overturned. That probably wouldn't save Obergefell though, since right-wingers tend to put their own hypocritical ideology over the wishes or needs of the American people.
The chart above reflects the results in a recent Public Religion Research Institute Poll -- done between June 27th and July 8th of a national sample of 2,008 adults, with a margin of error of 2.6 points.