Overturning Obergefell Could Be on the Horizon

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WASHINGTON, D.C. – When Congress passed the “Respect for Marriage Act” (RFMA) last week, this action can actually create the perfect scenario to overturn the U.S. Supreme Court’s 2015 5-4 opinion in Obergefell v. Hodges regarding same-sex marriage. Prior to 2015, Liberty Counsel won about 50 cases defending marriage as one man and one woman. Then the 5-4 Obergefell opinion was released. Three of the five Justices in the slim Obergefell majority are no longer on the Court – Kennedy, Breyer, and Ginsburg. Chief Justice John Roberts issued a stinging dissent, as did Justices Thomas and Alito. Justices Gorsuch, Kavanaugh, Barrett, and Jackson have since joined the High Court. Therefore, the slim majority in 2015 is now gone.