SCOTUS won't revisit marriage equality. But the fight isn't over

[marmar]

SCOTUS won’t revisit marriage equality. But the fight isn’t over
Just like with Roe v. Wade, opponents of marriage equality are playing a long game

By Austin Sarat
Published November 11, 2025 9:00AM (EST)


(Salon) On Monday, the Supreme Court turned down a request to reconsider its landmark marriage equality case. At first glance, this appears to be a clear victory for LGBTQ+ advocates.

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Ten years ago, in its 5-4 ruling in Obergefell v. Hodges, the court found that “The fundamental liberties protected by the Fourteenth Amendment extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs. Marriage,” it said, “is a centerpiece of social order and fundamental under the Constitution.”

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But for President Donald Trump and his MAGA allies, ending marriage equality has long been an important goal. Outlined in Project 2025, it has been moving along without much fanfare.

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Thomas called the idea that liberty was referenced in the due process clause a “dangerous fiction,” warning that so-called “substantive due process exalts judges at the expense of the People from whom they derive their authority.” He also saw in the Obergefell decision a “threat [to] the religious liberty our Nation has long sought to protect” and predicted it “will have inestimable consequences for our Constitution and our society.”

Almost before the ink was dry on Thomas’ opinion, conservative and religious activists began their counterattack on Obergefell. Spearheaded by a “pro-family activist organization” called Mass Resistance, which was founded to “confront assaults on the traditional family, school children, and the moral foundation of society,” the campaign has already shown success. ...............................(more)

https://www.salon.com/2025/11/11/scotus-wont-revisit-marriage-equality-but-the-fight-isnt-over/

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