Gay Marriage Supreme Court: Will Supreme Court Reconsider Same-sex Marriage?

The Supreme Court legalised same-sex marriage in the landmark civil rights case of Obergefell v. Hodges in June 2015.

According to the decision, the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, along with all the attendant rights and responsibilities, is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Along with the Supreme Court’s decision to overturn Roe v. Wade on Friday, June 24, Justice Clarence Thomas stated that the court should “reconsider” precedents that safeguard contraception access, same-sex relationships, and same-sex marriage.

He highlighted Griswold v. Connecticut, in which the Supreme Court stated that married couples had the right to get contraception; Lawrence v. Texas, which established the freedom to participate in private sexual actions; and Obergefell v. Hodges, which stated that same-sex marriage is legal.

Justice Clarence wrote “We should review all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell, in future instances. We must “correct the wrong” made in those precedents because any substantive due process decision is “demonstrably erroneous.”