An open letter to the U.S. Congress

Protect Marriage Equality: Codify Obergefell v. Hodges into Federal Law

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I am writing to express my deep concern about the potential threat to marriage equality in the United States. Recent developments suggest that the Supreme Court may reconsider its landmark 2015 Obergefell v. Hodges decision, which established the constitutional right to same-sex marriage. This possibility demands immediate legislative action to protect the rights of all Americans to marry whom they love. The current composition of the Supreme Court, with its 6-3 conservative majority, differs significantly from the Court that decided Obergefell. Three sitting justices—Roberts, Thomas, and Alito—dissented in the original ruling. Moreover, the Court's recent decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, demonstrates a willingness to reverse long-standing precedents using the 'history and tradition' test. This same reasoning could be applied to challenge same-sex marriage rights. The Court's increasing emphasis on religious freedom over other constitutional rights, as seen in recent decisions, further jeopardizes marriage equality. A case involving Kim Davis, a former Kentucky court clerk who refused to issue marriage licenses to gay couples, may be heard by the Court as early as October. This case could provide an opportunity for the Court to reconsider Obergefell. While the Respect for Marriage Act of 2022 requires federal recognition of existing same-sex marriages, it does not prevent the Supreme Court from allowing states to decide on future recognition. This leaves a dangerous gap in protection for LGBTQ+ Americans. I urge you to take immediate action to codify the right to same-sex marriage into federal law. This step is crucial to ensure that all Americans, regardless of their sexual orientation, can enjoy equal rights and protections under the law. The majority of Americans support marriage equality, and it's time for our laws to reflect this enduring commitment to fairness and dignity for all couples. Please support and champion legislation that will enshrine the principles of Obergefell v. Hodges into federal statute. This action is necessary to protect the rights of countless Americans and to uphold the values of equality and justice that are fundamental to our nation.

▶ Created on September 23 by Faye

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