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.
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
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In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
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Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
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