Legal Rights / PoliticsWhat's your POV on threats to Lawrence and Obergefell SCOTUS decisions in the U.S.?

submitted by JulienMayfair from self.LGBDropTheT

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[–]fuck_reddit 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (1 child)

There’s two major factors: how well the opinion was reasoned and public support for gay marriage. If public support is high enough (which it seems to be in both parties), then even if Obergefell gets overturned, Congress will pass legislation. Imo, this is actually the ideal scenario, since legislation is more permanent and legitimate than judicial fiat.

[–]JulienMayfair[S] 3 insightful - 1 fun3 insightful - 0 fun4 insightful - 1 fun -  (0 children)

Congress will pass legislation

The problem with Congress passing any legislation is how tightly Congress is balanced between the two parties, especially with Republican gerrymandering and the fundamental bias in the structure of representation that gives more power to rural states. Look at the situation at present where the Democrats can barely pass anything without the threat of filibuster from the Republicans since they don't have 60 votes.

For example, we know that a clear majority of Americans (>60 percent) support the right to abortion access, but without a supermajority in the Senate, no law protecting abortion access will ever be passed because current Republicans make sure everyone toes the party line or suffers the fate of Liz Cheney or Mitt Romney.