Can The Supreme Court Overturn Its Previous Ruling On Marriage Equality?

One of the most problematic consequences of the Trump administration is the lack of safety and security for minority groups, including the LGBTQ community. Trump has been allowed to seat dozens of judges, all of whom hold conservative values — which means many of them don’t necessarily believe in the rights of the LGBTQ community over, say, religious freedom rights (and, let’s face it, religious freedom is an excuse to hate on everyone who doesn’t agree with what they say or do).

When Ruth Bader Ginsberg passed away last month, it provided Trump to nominate a third Supreme Court justice during his first (and hopefully last) presidential term. Her likely replacement is Amy Coney Barrett and will give the Supreme Court a conservative leaning of two-thirds. The LGBTQ community is rightly fearful of the future.

Acting Executive Director for Equality New Mexico, Marshall Martinez, said, “Given the history of Barrett, if she is confirmed, this ruling could be very bad for services and for folks seeking services across the country. But here in New Mexico, where the majority believes in equal access and equal opportunity, one organization could determine what is best to do with taxpayer money based on its own religious beliefs.”

Marriage equality is important for the LGBTQ community. Alcoholism, depression, and teen suicide and fallen ever since the Supreme Court ruling that legalized it through federal law. But overturning the previous ruling would kick the decision back to the states, which could even provide more conservative leaning areas the opportunity to nullify marriages already on the books. Activists are scared that the conservative majority’s potential rulings could embolden anti-LGBTQ groups to enact more discriminatory laws. 

Martinez said, “Two very conservative justices took the first opportunity they can to attack marriage equality under the guise of freedom of religion. I think this is a reminder to the LGBTQ community and their allies that there are still folks who are going to use every opportunity they can take away the rights we fought for.”