What happens to existing same-sex marriages once Obergefell is overturned?
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  What happens to existing same-sex marriages once Obergefell is overturned?
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Poll
Question: Well?
#1
They remain in all states, are only banned in red states
 
#2
They remain in blue states only, red states revert to civil partnerships
 
#3
Gay marriage banned nationwide, not retroactive
 
#4
Gay marriage banned nationwide, all marriages revert to civil partnerships
 
#5
No more recognition of same-sex relationships
 
#6
Same-sex relationships criminalized
 
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Partisan results

Total Voters: 13

Author Topic: What happens to existing same-sex marriages once Obergefell is overturned?  (Read 825 times)
SnowLabrador
Junior Chimp
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« on: November 01, 2022, 03:05:50 PM »

There's little doubt in my mind that the Supreme Court ruling legalizing gay marriage nationwide is going to be overturned within the next few years. It might not be in the next term, since SCOTUS may want to take some attention off itself after Dobbs, but it's coming. And the question I am about to ask hasn't really been answered.

One thing is clear: The overturning of Obergefell is going to be an even bigger s**tshow than the overturning of Roe.

Option 1: Although gay marriage is banned in some states, those already married to a same-sex partner will not have their marriages annulled; in other words, the bans will not be retroactive. This is, in my view, the most optimistic scenario, which is partly why I don't see it happening.

Option 2: If you're in a blue state, your marriage is safe. If you're in a red state, then your marriage is now a civil partnership and does not confer as many socioeconomic benefits.

Option 3: The same as option 1, except all states no longer issue marriage licenses to same-sex couples.

Option 4: The same as option 2, but all gay marriages in all states revert to civil partnerships.

Option 5: All same-sex marriages and civil unions are officially dissolved, and we become like a number of other countries where homosexuality is legal, but no relationships are recognized.

Option 6: We officially become the Christian version of Iran.

In the time it took to write this post, I thought of several other scenarios, but the fact that there are so many potential outcomes makes it clear that this is a far more complex legal question than Dobbs posed. That's also the one thing that gives me hope that maybe this won't happen, but if I were gay I would get the hell out of this country just in case.

For the record, I'm voting for Option 5. That's what I think will happen once Obergefell is overturned. I am curious to hear your thoughts.
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Donerail
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« Reply #1 on: November 01, 2022, 03:15:13 PM »

lol
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SnowLabrador
Junior Chimp
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« Reply #2 on: November 01, 2022, 03:25:55 PM »


Are you going to respond to the substance of the post, or just laugh at me for pointing out that we need to do something about the Supreme Court?
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Donerail
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« Reply #3 on: November 01, 2022, 03:41:12 PM »


Are you going to respond to the substance of the post, or just laugh at me for pointing out that we need to do something about the Supreme Court?
Here is my response to the substance of the post: get a grip.
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I spent the winter writing songs about getting better
BRTD
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« Reply #4 on: November 01, 2022, 03:46:13 PM »

Overturning Obergefell wouldn't mean much anyway even in red states that did decide to not recognize same-sex marriages again unless the federal government decides to start enforcing the Defense of Marriage Act again which is not going to happen.
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MarkD
Junior Chimp
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« Reply #5 on: November 01, 2022, 04:24:14 PM »

To match your doomerism, I could ask what will happen if the Supreme Court overturns West Coast Hotel Co. v. Parrish. If the current Supreme Court is as ultra-conservative as you seem to think it is, it is very much a possibility that the Court will strike down all minimum wage laws (and there's a cynical part of me that wishes that it would do so). What will you do then?

FYI, I have drafted a proposal to rewrite the second sentence of the Fourteenth Amendment (and clarify the Due Process Clause of 5A. and clarify 9A.), and part of the effect of my proposal is going to explicitly write into the Constitution that Obergefell was correctly decided.
https://talkelections.org/FORUM/index.php?topic=525020.msg8807474#msg8807474

If you are desperate to prevent the overturning of Obergefell, then support adoption of my proposal.
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SnowLabrador
Junior Chimp
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« Reply #6 on: November 01, 2022, 06:00:30 PM »

To match your doomerism, I could ask what will happen if the Supreme Court overturns West Coast Hotel Co. v. Parrish. If the current Supreme Court is as ultra-conservative as you seem to think it is, it is very much a possibility that the Court will strike down all minimum wage laws (and there's a cynical part of me that wishes that it would do so). What will you do then?

FYI, I have drafted a proposal to rewrite the second sentence of the Fourteenth Amendment (and clarify the Due Process Clause of 5A. and clarify 9A.), and part of the effect of my proposal is going to explicitly write into the Constitution that Obergefell was correctly decided.
https://talkelections.org/FORUM/index.php?topic=525020.msg8807474#msg8807474

If you are desperate to prevent the overturning of Obergefell, then support adoption of my proposal.

I don't participate in Atlasia. That's why I ignore any and all messages relating to it. If I'm not allowed in any Atlas Discord servers, I don't want to involve myself in their clique.
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NewYorkExpress
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« Reply #7 on: November 01, 2022, 06:27:59 PM »

If Thomas and Alito have their way, option 6. (Dobbs shows they clearly didn't. Alito probably had to be talked down from declaring personhood in Dobbs to win over Kavanaugh and Gorsuch).
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