Obergefell v. Hodges was the landmark 2015 ruling in which the U.S. Supreme Court, in a 5-4 decision, legalized same-sex marriage in all 50 states. Two of the dissenters in that ruling were Justice Clarence Thomas and Justice Samuel Alito — and now, Thomas and Alito are calling for that decision to be overturned. This comes at a time when there is a very real possibility that Justice Amy Coney Barrett, a far-right social conservative nominated by President Donald Trump, will be replacing the late Justice Ruth Bader Ginsburg.
In a petition, Thomas and Alito argue that Obergefell was an attack on religious freedom, saying, “The Court has created a problem that only it can fix. Until then, Obergefell will continue to have ‘ruinous consequences for religious liberty.'”
Half a decade ago, the majority in Obergefell v. Hodges came from both the left and the right. Justice Anthony Kennedy, nominated by President Ronald Reagan in 1987, sided with Ginsburg in that decision. Kennedy was fiscally conservative, yet his libertarian streak showed itself when he agreed with Ginsburg on social issues like gay rights, same-sex marriage and abortion.
But the makeup of the Supreme Court has changed a lot since Obergefell. The late Justice Antonin Scalia, one of the dissenters in Obergefell, died in 2016 and was replaced by Justice Neal Gorsuch — another social conservative — in 2017. Replacing Scalia with Gorsuch wasn’t a game-changer for the High Court, but when Kennedy announced his retirement in 2018 and was replaced by the more socially conservative Justice Brett Kavanaugh, that was a game-changer. And now, with Barrett likely to replace Ginsburg, the Supreme Court is facing the possibility of an even greater game-changer — one in which Obergefell could be in danger along with Roe v. Wade, Griswold v. Connecticut, Lawrence v. Texas and many other right-to-privacy decisions.
We’re not backing down in the face of Trump’s threats.
As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.
Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.
As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.
At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.
Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.
You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.