Why Gay Marriage Is Safe from the Supreme Court—for Now
“The justices know what kind of firestorm they’d ignite by overturning Obergefell,” writes Jed Rubenfeld, “and it’s likely that at least some of them really don’t want it.” (Jeehye Kim via Getty Images)
The Supreme Court’s conservative majority has never shown much enthusiasm for same-sex marriage. So why did they just pass up an opportunity to repeal it?
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The Supreme Court refused on Monday morning to take up a same-sex marriage case, and a lot of people have been asking what exactly that means.
Is same-sex marriage safe? The short answer is yes—for now.
Ten years ago, in a case called Obergefell v. Hodges, a bare 5–4 majority of the Court recognized for the first time a constitutional right to same-sex marriage. Many conservatives have been gnashing their teeth ever since, and when, in 2022, a newly right-leaning Court put the knife in Roe v. Wade, they felt renewed hope that the Court might do the same to Obergefell.
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