DiscussionRoe v. Wade was overturned in the US today. How do you think that will impact LGB acceptance in the country?

submitted by reluctant_commenter from self.LGBDropTheT

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[–]reluctant_commenter[S] 6 insightful - 1 fun6 insightful - 0 fun7 insightful - 1 fun -  (3 children)

SC Justice Clarence Thomas says we should also reconsider Obergefell (legalization of same sex marriage).

Wow.

How did we take such a different route than the UK...? I mean, I literally posted this video from a UK news channel the other day and I couldn't even fathom seeing something so pro-LGB and LGB-focused on US news.

If same-sex marriage becomes illegal here, I'm going to have to move to another country to get married.

[–]NutterButterFlutterStill waving into the void 8 insightful - 1 fun8 insightful - 0 fun9 insightful - 1 fun -  (2 children)

Sorry, on my phone tonight so kind of brief.

The USA is not comparable to the UK directly. We would be more like the EU as a whole (prior to Brexit).

The UK is more like a region of the US, and the countries in it are like our states. The UK could be our Southwest territories, and England or Ireland could be Texas or Arizona.

This decision of RvW would be the equivalent of the EU deciding they will not enforce abortion rights, and will leave it up to England or Germany or whatever to decide.

Our U.S. states are still able to decide, for what that's worth.

[–]IridescentAnacondastrictly dickly 7 insightful - 1 fun7 insightful - 0 fun8 insightful - 1 fun -  (1 child)

Our U.S. states are still able to decide, for what that's worth.

As a married guy, I will point out that it will become a bit of a legal clusterfuck if Obergefell is overturned. How do my husband and I file our federal taxes? What are our inheritance rights if we move to a different state? Medical power-of-attorney? All of that would need to get worked out and it will be quite messy.

[–]yousaythosethingsFind and Replace "gatekeeping" with "having boundaries" 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (0 children)

I would have to take a look but I think the Windsor decision (rather than Obergefell) is based on the Equal Protection Clause rather than substantive due process like Obergefell so I think it would still stand even if the substantive due process argument underlying the nationwide legalization of same-sex marriage would be overturned based on the precedent set forth in the recent Dobbs decision. What that would mean is that the federal government still has to recognize marriages recognized by the states. So if your state recognizes your same-sex marriage, the federal government has to.