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Organizers successfully place same-sex marriage on the ballot in California, Colorado, and Hawaii for the 2024 election.


Activists are concerned about the potential for the Supreme Court to overturn Obergefell v. Hodges, which guarantees same-sex marriage rights across the country. They are taking their concerns to the polls in California, Colorado, and Hawaii, where ballot measures are being proposed to remove language from state constitutions that prohibits same-sex marriage. This proactive approach is aimed at protecting marriage rights in case Obergefell is overturned, following the example of the recent Dobbs v. Jackson Women’s Health Organization decision that overturned Roe v. Wade.

Justices Clarence Thomas and Samuel Alito have raised concerns about past Supreme Court decisions, including Obergefell, and the current conservative makeup of the court increases uncertainty around protecting marriage equality. With more conservative justices being nominated by Republican presidents, there is a fear that existing bans on same-sex marriage in state constitutions could be revived without Obergefell. The Respect for Marriage Act, signed into law by President Joe Biden, provides federal protections for same-sex marriages but does not require states to issue marriage licenses contrary to their laws.

Advocates like Mary Bonauto and Paul Smith emphasize the importance of proactive measures like ballot initiatives to protect marriage rights in the face of a potentially unpredictable Supreme Court. By removing language banning same-sex marriage from state constitutions, states can ensure that LGBTQ couples have legal protection and recognition of their marriages, especially if Obergefell is overturned. The passage of the Respect for Marriage Act provides some federal protections, but advocates stress the need for state-level actions to guarantee marriage equality for all.

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