In his decision to help gut Roe v. Wade, Justice Clarence Thomas wrote that the Supreme Court “should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell”—cases that enshrined Americans’ right to contraception, to intimate same-sex relationships, and to marriage equality. In the past week, Democrats have raced to codify same-sex marriage, culminating in Tuesday’s passage of the Respect for Marriage Act in the House.
Now, the bill rests in the hands of the Senate, where it’s not yet clear if enough Republicans will support the bill and help it avoid a 60-vote filibuster. What would happen if it doesn’t pass? Currently, there are at least 32 states—Arizona, Louisiana, and Ohio among them—that have either constitutional amendments, state laws, or both that prohibit same-sex marriage. The Obergefell v. Hodges ruling rendered these defunct in 2015, but if the Supreme Court were to overturn that decision, same-sex marriage would be instantly banned in at least 25 of those states—putting thousands of couples at risk.
Marriages, of course, are more than just white cakes and wedding rings. Everything from child custody to property rights can depend on whether a couple is married. In fact, a 2004 study from the US Government Accountability Office found that there are 1,138 statutes and provisions where marriage status is a factor in receiving benefits, rights, or privileges. Before the legalization of same-sex marriage, gay couples often would face discrimination and have their rights denied by various legal bodies.
“We’ve heard all sorts of all sorts of stories about families that are treated as though they are not families.”
“From taxes to Social Security benefits to retirement benefits,” said Mary Bauer, the executive director of the Virginia ACLU. “(There are) all sorts of things that are built into our kind of structure of laws and systems. Spouses have a legal privilege that is incredibly important in many practical and moral ways. We’ve heard all sorts of all sorts of stories about families that are treated as though they are not families. ”
“There’s kind of a million ways that this plays out…people have to fight for the right to be recognized as their child’s parent,” she added. “That is, as we all regard now, nonsensical, discriminatory, bigoted, and unacceptable.”