US Supreme Court backs away from overturning marriage equality
By not taking up the appeal from Kim Davis, the justices have left same-sex marriage standing - for now.
After the US Supreme Court rolled back access to abortion by overturning the precedent of Roe v. Wade, it's been widely anticipated that there will be a concerted campaign to seek to overturn the court's decision that granted marriage equality to every state.
However, the conservative-dominated court has stepped away from the first concrete opportunity to do that - declining to take up an appeal that would have opened the door to reviewing the law surrounding marriage equality.
Kim Davis was the Kentucky county clerk who refused to issue marriage licenses to same-sex couples after the high court’s 2015 ruling in Obergefell v Hodges. Davis wanted the Supreme Court to hear her appeal against a lower-court order for her to pay $360,000 in damages and attorney’s fees to a couple denied a marriage license.
The Supreme Court declined to take up the appeal by Kim Davis - it did so without comment.
While that means that marriage equality remains standing as the law of the land, we should not be complacent. Legal commentators were generally of the view that the Kim Davis case was too narrow as a legal basis for the Supreme Court to review same-sex marriage. Just because conservative campaigners have been unsuccessful on this occasion, it's certain that the campaign to end marriage equality continues and they will be looking for other opportunities to bring the question before the Supreme Court.
When Obergefell v Hodges was decided in 2015, four of the nine justices dissented. Three of those dissenting judges are still on the bench - Clarence Thomas, Samuel Alito, and John Roberts. Subsequent appointments have stacked the court with conservative judges.
In his concurrence with the decision overturning Roe v Wade, Clarence Thomas explicitly called for Obergefell to be reconsidered.
If the Supreme Court did overturn Obergefell, it would fall back to the states to decide whether to recognise same-sex marriage. Some states already do - many states do not.
What's life like for LGBTQ people in the United States?
What's life like for LGBTQ people in the United States? Let's take a look at some of the key equality indicators.
Is it legal to be gay in the US?
One of the complexities of the experience of LGBTQ people in the United States is that much of the legislative framework for the country varies on a state-by-state basis.
It was only as a result of a Supreme Court decision in 2003 that same-sex sexual activity has been legal in all US states.
There is still some variation in the age of consent – it varies from 16 to 18, and some states have different ages of consent for same-sex sexual relations.
Is there anti-discrimination legislation in place to protect LGBTQ people in the US?
Yes. Federal anti-discrimination protections have been extended to all employees across the country. This now means that LGBTQ employees can’t be fired for revealing their sexuality.
This will be worth monitoring under the Trump administration as there are likely to be attempts to roll-back anti-discrimination protections.
Is there marriage equality in the US?
It was a 2015 Supreme Court decision that requires all states to licence and recognise same-sex marriages.
As Marriage Equality has not been codified by the legislative process, it is possible that subsequent Supreme Court decisions could roll-back the current position - as we have seen with access to abortion.
What’s life like for LGBTQ people who live in the US?
There have been huge advancements for LGBTQ people, with some landmark Supreme Court cases that have made symbolic and practical steps forward in achieving equality.
The modern LGBTQ Pride movement was born in the US in 1970 – marking the anniversary of the Stonewall riots in New York City in 1969. The month of June is now designated as Pride Month across the US, with a huge number of parades and events held in communities of all sizes.
In many ways, the US could be described as one of the best countries in the world to be gay, however numerous problems still exist.
The attack against the gay club in Orlando in 2016 was obviously an extreme event, but 49 people were killed and 53 people were injured in what should have been a safe space.
LGBTQ teen homelessness and rates of self-harm and suicide are disturbingly high – particularly for people from non-white ethnicities.
Trans people are routinely vilified by conservative politicians. Black Trans Women are particularly vulnerable to violence and abuse.
There appears to be a rising tide of homophobia, fuelled by right-wing politicians and media outlets that see it as a populist move. This is manifesting in systemic discrimination against trans people, drag bans, book bans, and restrictions on access to adult entertainment.
