The Unfathomable Consequences of Overruling Obergefell: Preserving Same-Sex Marriages Amidst Controversy

Overruling the landmark Supreme Court case of Obergefell v. Hodges could lead to profound and disruptive consequences for same-sex marriages in states that rescind that right. Such an action would not only create constitutional crises but also result in chaos on a scale similar to the overturning of other landmark cases like Loving v. Virginia.

Imagine a scenario where multiple states rescind the right to same-sex marriage. In practical terms, this would mean that millions of couples already married under state laws that permit same-sex unions would suddenly find their legal status up in the air. This would be a massive breach of trust and could lead to significant personal, financial, and social ramifications.

Personal and Financial Implications:

Taxation: If the right to same-sex marriage is rescinded, couples in those states could face a higher tax burden. Social Security benefits, which have been a significant part of many plans, might no longer apply. This could force individuals into higher tax brackets and jeopardize financial security. Retirement Planning: The ability to plan for retirement with Social Security and military pensions could be jeopardized. Many individuals now rely on these protections, and the rescission of such rights would force a complete rethinking of their financial futures. Medical and Bereavement Rights: The ability to be recognized as next of kin in medical settings would be compromised. This could lead to dire situations where the rights and needs of same-sex couples are not met in times of crisis, especially regarding end-of-life decisions. Legacy and Estate Planning: Passing assets to a partner upon death would trigger a taxable event, as only married couples are exempt up to a certain amount. This would add a complex layer of taxation to an already sensitive situation.

Legal and Social Ramifications:

Civil Unions Becoming the Norm: If Obergefell were to be overruled, it is likely that existing same-sex marriages would revert to civil unions, as civil partnerships were advised to do when Obergefell was initially passed. This would strip away the rights and protections legally granted to same-sex couples. Relitigation Cases: States that had existing bans on same-sex marriage, with federal court rulings stayed, would likely see these cases reignited. This would lead to new litigation, potentially affecting hundreds of thousands of same-sex marriages. Consideration and Reevaluation: Some states, particularly those with recently passed bans, might reconsider allowing same-sex marriage. However, the process would be slow and contentious, with legal battles expected to continue.

While it is almost certain that the Supreme Court (SCOTUS) would not overturn a law that meets the criteria of the Constitution and has been approved by Congress, state legislatures might attempt this under their individual state constitutions. This approach, however, would be a slippery slope leading to further legal and social instability.

Conclusion

The consequences of overturning Obergefell would be far-reaching and deeply unsettling. Existing same-sex marriages would face significant challenges, from personal and financial upheavals to legal and social ramifications. It is crucial to weigh these potential outcomes carefully and to advocate for the preservation of the rights and protections granted by the landmark Supreme Court case.