Tomorrow, on Friday, Nov. 7, the Supreme Court may decide whether it will grant or deny cert in a petition seeking to overturn the historic 2015 ruling in Obergefell v. Hodges that made marriage equality the law of the land, and to create a religious exemption that gives government employees a license to discriminate. Lambda Legal, which was instrumental in the fight for marriage equality, including litigating multiple lawsuits over the decades, released the following statement from its CEO, Kevin Jennings:
“In the United States, we can proudly say that: Marriage equality is the law.
“As the Supreme Court discusses whether to take up for review a challenge to marriage equality, Lambda Legal urges the Court to honor what millions of Americans already know as a fundamental truth and right: LGBTQ+ families are part of the nation’s fabric.
“LGBTQ+ families, including same-sex couples, are living in and contributing to every community in this country: building loving homes and small businesses, raising children, caring for pets and neighbors, and volunteering in their communities. The Court took note of this reality in Obergefell v Hodges, citing the ‘hundreds of thousands of children’ already being raised in ‘loving and nurturing homes’ led by same-sex couples. The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some. Not only was marriage equality recognized by the Supreme Court, Congress codified it into law in the Respect for Marriage Act, which ensures LGBTQ+ married families get federal and interstate recognition of their valid marriages, even if some states wish to refuse new marriage licenses. Nothing in the petition before the Court justifies creating a patchwork of state laws excluding some families from marriage licenses in the states where they live.
“Let’s be clear: There is no case here. Granting review in this case would unnecessarily open the door to harming families and undermine our rights. Lower courts have found that a government employee violates the law when she refuses to grant marriage licenses to same-sex couples as her job requires. There is no justifiable reason for the Court to revisit settled law or destabilize families.
“To our community, we say: this fight is not new. Our community has been fighting for decades for our right to love whom we love, to marry and to build our families. It was not quick, not easy, not linear. We have lived through scary and dark times before, endured many defeats, but we have persevered. When we persist, we prevail.
“To the Court, we ask it to honor its own precedent, to honor the Constitution’s commands of individual liberty and equal protection under the law, and above all, to honor the reality of LGBTQ families—deeply rooted in every town and city in America. There is no reason to grant review in this case.”
To learn more about marriage equality, please visit our online resources: Protecting LGBTQ+ Families and Identities: A 10-Year Reflection on Obergefell and the Ongoing Fight for Equality – Lambda Legal
Watch our webinar on the 10th Anniversary of Marriage Equality: 10 Years of Marriage Equality: Defending Our Progress and Protecting Our Future