In the wake of Dobbs and Bruen, whither Obergefell?

Although the opinion disclaims this direct conclusion, there's just no way Obergefell survives a history and tradition analysis. There can be no constitutional right to gay marriage without an amendment specifically intended to grant it. What the discussion of Obergefell in the recent opinion means is simply that it's not going to happen in the near future. Possibly that one or two new justices are needed to have the votes to do it.

Other opinions mentioned are less certain. But I think Obergefell's days are numbered with the right case and/or the right justice.

This entry was published Thu Aug 04 23:54:36 CDT 2022 by TriggerFinger and last updated 2022-08-04 23:54:36.0. [Tweet]

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