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Wednesday, October 21, 2020

It's No Longer Obergefell v. Hodges ... It's Obergefell and Hodges

Richard Hodges was Director of the Ohio Department of Health from August 2014 to 2017 and a former Ohio Congressman, but he is best known being the defendant in the landmark civil rights case Obergefell v. Hodges, which he lost, resulting in the legalization of same-sex marriage  in this country.

Jim Obergefell is a gay man, who was married to John Arthur until Arthur’s death in 2013. After his husband’s death, James was not considered a surviving spouse because, well, gay, and so he took his case to court, and finally made it to the Supreme Court where he won and we won and marriage equality became the law of the land.

After that landmark case, oddly enough Hodges and Obergefell became friends, which leads us to today and the idea that a new Supreme Court Justice might, if a case is brought forth, vote to make same-sex marriage illegal in this country, or vote to legalize LGBTQ+ discrimination.

This week James Obergefell and Rick Hodges jointly announced that they oppose the nomination of right-wing extremist Amy Coney Barrett to the Supreme Court.

During her confirmation hearings, Barrett merely stated that the Supreme Court’s decision re: Obergefell v Hodges exists, but refused to say if she agreed with it or if she thinks same-sex marriage should be illegal. She did say that her rulings as a Supreme Court Justice would be bound by the legal precedent established by Obergefell, and said she doubted any case trying to outlaw same-sex marriage would ever make it to the Supreme Court because lower courts would be bound by the same legal precedent.

But if it did make its way to SCOTUS … ? Amy was silent.

And she didn’t speak a word about the Supreme Court receiving cases seeking to chip away at same-sex marriage rights, like granting people the right to refuse service to same-sex couples because their ‘God’ told ‘em so. SCOTUS has yet to rule in the case of a Colorado baker who refused to bake a wedding cake for a same-sex couple because, again, a message from ‘God.’ And so, it remains an unresolved matter that the court will have to address during Barrett’s tenure.

So, our fight, the one we assumed was over with Obergefell v Hodges, is not over. Now we’ll have a religious zealot on the bench who may be a deciding vote in whether or not the United States of America will legalize hate against the LGBTQ+ community.

It might be an uphill battle, but we now have two men, James Obergefell and Richard Hodges, who fought this fight before, standing firmly on the right side of history.

Stand with them. Demand equality.


LGBTQ Nation

9 comments:

  1. I was SURE this story was going to end with them now getting married!

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  2. @Debra
    That would have been the best!!! =)

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  3. Yup, would have been great! :-)
    chortle.
    xoxo

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  4. I like how they talk about being true to the intent of the founding fathers when they wrote the constitution - but seem to forget that part about separation of church and state. How convenient. If hypocritical in that instance... then they will be hypocritical regarding all legal precedence.

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  5. Good for Mr Hodges for having the strength of character to change his mind and admit it. But I do fear for the overturning of every liberal law made over the past few decades. People of ACB's ilk are going to try and get everyone of them before a mostly bigoted court, so that the Handmaid can do her very worst. Her version of god might approve but she might not make it to heaven.

    Did you hear about Pat Robertson's conversation with god recently; god told him that der Trumpenfuhrer is going to win in a couple of weeks' time, thus bringing on the end times that Pennies from Heaven and Pompous Git are working to bring about because nothing brings to mind Jesus' teachings like killing off every one in the world to suit the delusions of a crowd of cracked evangelicals. Of course Trumpelstiltskin will start WWIII because Putrid is jealous of China or whatever reason Putrid makes up for his dog to bark.

    @Uptonking - none of these originalalists seems to have picked up on the fact that the world has changed dramatically since the constitution was written

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  6. FUCK YEAH, BOB! the fight will never be over until we crush the religious freaks under a steamroller!

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  7. You forgot to say "vote blue!"

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  8. I am amazed by people who do not see Amy Barrett as a threat. I'm glad though that some people (like Hodges) who recognize how dangerous that zealot is.
    Ugh.
    Vote!

    XOXO

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  9. Even Papa Frankie [bless his red cotton socks], has pushed out an inch in front of most [ = nearly every] evangelicals on this issue in his latest. Less Bull than usual. Take it from me, the R.C. Church will eventually get there in, I reckon, just another 500 years.

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