Why SCOTUS Needs To Reevaluate The Problem It Created In Obergefell

[corbe]

Why SCOTUS Needs To Reevaluate The Problem It Created In Obergefell

By: Jeremiah Keenan
February 19, 2025

The Obergefell ruling rode rough-shod over religions and dozens of state constitutions on the bases of a moral — not legal — opinion.

In late January, the Idaho House of Representatives passed a memorandum calling on the U.S. Supreme Court to “reverse” its 2015 gay marriage decision, Obergefell v. Hodges, “and restore the natural definition of marriage, a union of one man and one woman.”

The memo passed 46 to 24 in the House and is heading to the Idaho Senate. If it passes the senate, it will be sent on to the Supreme Court as one more formal encouragement that it take up a case that might overturn Obergefell.

The memo excoriates the “illegitimate overreach” in Obergefell, arguing that the decision redefined marriage in direct opposition to its natural, age-old definition, one also enshrined in Idaho’s state constitution.

The argument might seem 10 years late, but it comes at a time when — after the 2022 repeal of Roe v. Wade and the reinstallation of Trump — the Supreme Court might be receptive to such a call.

Back in 2020, sitting justices Clarence Thomas and Samuel Alito argued that the Obergefell decision should be overturned — or at least fixed. The justices agreed that Obergefell had no basis at all in the 14th Amendment. The decision functions as law, overriding state and previous federal law to redefine the essence of marriage in a manner at odds with all major religions on earth. Obergefell rode rough-shod over these religions and dozens of state constitutions on the bases of a moral — not legal — opinion that the traditional definition of marriage espouses “a bigoted worldview,” at the dissenting opinion described it.

“The court has created a problem that only it can fix,” the justices wrote. “Until then, Obergefell will continue to have “ruinous consequences for religious liberty.’”

Why Repeal Obergefell?

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https://thefederalist.com/2025/02/19/why-scotus-needs-to-reevaluate-the-problem-it-created-in-obergefell/

[Kamaji]

It should be overturned.

[Bigun]

It should be overturned.

Without a doubt!

[Hoodat]

It wouldn't have been a problem had the Justices simply followed the very Constitution they each swore an oath to uphold.

[jafo2010]

Marriage, a long standing agreement between one man and one woman has been around for thousands of years.  It is embedded in every major religion.

Now, we must endure the insanity that two men or two women can be married.  Unacceptable. 

The Supreme Court has gotten many decisions wrong that adversely affected millions of people through the years.  This is one more decision.  Promoting aberrant behavior does little to foster a society that is growing.  As it is, we are grossly deficient at maintaining our population.  With all the nonsense of promoting the alphabet soup folks, getting married and having children has become undesirable.  The insanity of the degenerates in our society have been dictating the morays of our society.  This must stop.