Same-sex marriage is something the LGBTQ+ community has fought to obtain for decades. In 2015 same-sex marriage was legalized. Now with the election of Amy Coney Barrett, those five years might be cut short due to her being on the Supreme Court. Reproductive rights, workers’ rights, same-sex marriage, and women’s rights are possible for change due to her influence on the court.
To fill the vacant seat, Barrett was sworn into the Supreme Court on October 26, eight days before the presidential election.
One of the most liberal judges who served America, Ginsburg stood for her beliefs and battled for equality and the separation of church and state. Ginsburg’s impact on women and the LGBTQ+ community’s rights took a special amount of dedication and passion. On the surface, Barrett seems against progressive movements.
Although there are many groups of marginalized people Barrett threatens, many in the LGBTQ+ community are worried about her overturning Obergefell v. Hodges, while this is not confirmed, it is what many fear. Not even five years ago was same-sex marriage legalized. Five years of equality only to be stripped away. If the Supreme Court rules on what the public assumes, same-sex marriage will be illegal once again.
What’s the Difference?
The only difference between heterosexual and homosexual marriage is who you marry. Same-sex marriage does not make straight marriage any less significant, the only people affected are the people getting married. In the United States Declaration of Independence, in the 14th amendment, it says, “Life, Liberty and the pursuit of Happiness.” The phrase gives three examples of the rights given to all humans by their creator, which the government is to protect. Who is to say same-sex marriage isn’t someone’s happiness? Everyone should be allowed to find the person they love no matter who they are.
Marriage is a Right, Not A Privilege
The supreme court ruled that laws banning interracial marriage violated the Fourteenth Amendment In 1967. In 2015 all state bans on same-sex marriage were lifted due to the equal protection clauses of the Fourteenth Amendment. It’s odd to think that there was once a time in America where two consenting, grown, tax-paying, adults could not marry each other.
A Solution and Outcome
The LGBTQ+ community has been discriminated against for decades now; this upcoming election, depending on the result, could decide the rights of these people. Since Amy Coney Barrett is against same-sex marriage, if Joe Biden were to win, he could add two or more democratic judges to the supreme court to sway it to the left, thus increasing the chance that same-sex marriage will still be legal. If the illegalization of same-sex marriage passes, this generation of LBGTQ+ youth will have to fight for their rights again as their ancestors did.