Na de abolition of the national abortion law in the United States, the question arose on our discussion platform NUjij whether other rights of Americans are also at risk. For example, is it realistic that same-sex marriage will soon be restricted?
The US Supreme Court is divided, says America expert Koen Petersen in conversation with NU.nl. “Among the conservative judges, who are in the majority, there are two views.”
Judge Samuel Alito, for example, says that other rights are not affected. His argument is that abortion is about life or death. This does not apply to, for example, same-sex marriages.
Another conservative judge, Clarence Thomas, said Friday after the abortion decision that he wanted to examine these kinds of rights. “We have a duty to correct the mistakes made before”, wrote he in his version of the court’s ruling.
However, Supreme Court judges cannot just abolish something on their own initiative† “There is always a case that serves as a coat rack,” explains Petersen.
Take the abortion case. That took place in response to a case in Mississippi. That state wanted to ban abortion after 15 weeks of pregnancy since 2018, but that was challenged. The case eventually went to the Supreme Court. That reversed an old ruling that guaranteed the nation’s right to abortion.
This is what the Supreme Court does
- The Supreme Court consists of nine judges. It is the highest US court. The rulings of that court have consequences for all American states.
- Six of the nine judges are conservative. Judges are appointed for life.
- The Supreme Court’s job is to review cases against the Constitution, the basis for all laws in the US. If there are no laws on specific subjects yet, the judge may have to decide on this. Major, national issues can then end up on the Supreme Court’s plate.
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It is not inconceivable that there will also be a case about marriage for same-sex partners, says Willem Post, an America expert affiliated with the Clingendael Institute. “Ultimately conservative America has a renewed self-confidence after the abortion case. A movement has arisen that agitates against the freedoms of the 1960s and 1970s.”
According to him, that could also be bad for gay rights. “The movement is getting stronger and the fact remains that conservatives are in the majority in the Supreme Court,” Post said.
The fact that the majority of judges are conservative does not necessarily mean that same-sex marriage is abolished, adds Petersen. Marriage for same-sex partners is more widely accepted in society, he sees. “And not all judges appointed by Republics are watertight conservatives.”
He does not see a ban happening anytime soon. He does, however, believe there is a chance that states will again be able to decide for themselves in the future – just as has recently been the case with abortion.
Until June 2015, same-sex marriage was banned in 13 of the 50 US states. In this year, the Supreme Court legalized same-sex marriage nationwide.
“There is a mutual discussion about it,” says Petersen. “Many people think that the states should be able to decide on this for themselves and that the Supreme Court should not have taken it upon itself.”
If it comes to the point that marriage is restricted for same-sex partners, this will not happen in the short term, according to Post† “The Supreme Court has to be careful and show it. It’s not a matter of a few months.”
He expects that “the battle is not yet over” with the abortion case and fears even more polarization in the already polarized country. “Former Vice President Mike Pence has already said Republicans should enforce stricter abortion rules in all states.”
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Not a chance in the world that SSM will be overturned! Saying so is just a ploy to excite the excitable and raise more money. Piffle.