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10 years after Obergefell, gay marriage faces growing threats

14 35
26.06.2025

Same-sex marriage equality has been the law of the land for 10 years as of Thursday. But after a string of crushing losses for LGBTQ rights at the Supreme Court this term and calls for the court to revisit its decision in Obergefell v. Hodges — including from its own justices — those involved in the fight wonder how long their victory may last.

“I certainly never thought that at the 10th anniversary of marriage equality, I’d be worried about making it beyond 10 years,” said lead plaintiff Jim Obergefell. “Yet, here we are.”

Obergefell sued the state of Ohio in 2013 over its refusal to recognize same-sex marriage on death certificates. His late husband, John Arthur James, whom he married in Maryland, died of complications from ALS, or amyotrophic lateral sclerosis, shortly before litigation began.

“John and I started something that was scary, something that was overwhelming,” he said in a recent interview. “But it was all for the right reason; we loved each other, and we wanted to exist.”

“We wanted to be seen by our state, and we wanted John to die a married man,” he said. “And I wanted to be his widower, in every sense of that term.”

Two years later, on June 26, 2015, the Supreme Court ruled that the right to marry is guaranteed to same-sex couples by the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the U.S. Constitution.

“It truly changed, within the LGBTQ community, the feeling of equality,” said Jason Mitchell Kahn, a New York wedding planner and author of “We Do: An Inclusive Guide When a Traditional Wedding Won’t Cut It.”

Since that ruling, same-sex weddings have exploded “beyond our wildest imagination,” said Kahn, who is gay. “I grew up never thinking that people like me would get married, and so to now be working in it all the time, it’s so special.”

Nearly 600,000 same-sex couples in the U.S. have married since, boosting state and local economies by roughly $6 billion and generating an estimated $432 million in sales tax revenue, according to a report released this week by the Williams Institute at UCLA School of Law.

“It has been good for people’s families, good for the economy, good for society,” said Mary Bonauto, senior director of civil rights and legal strategies at GLAD Law in Boston.

Bonauto, who argued the Obergefell case before the Supreme Court in 2015, said the ruling has been “transformative for couples and for their families.”

“The legal rights are enormously consequential, whether it’s inheritance, family, health insurance, the ability to file your taxes together, Social Security benefits when a spouse passes,” she said. “Now, people can count on their marriages day to day as they’re living their lives, raising their families, planning for their futures, buying homes together, building businesses. This is really so core to people’s ability to be part of and........

© The Hill