Same-sex marriage advocates push for post-Roe protections

Utah Sen. Derek Kitchen speaks during a news conference at the Utah State Capitol on Tuesday, June 7, 2022, in Salt Lake City. As the nation awaits a decision from the U.S. Supreme Court regarding a Mississippi law that calls for banning abortion after 15 weeks, LGBTQ advocates are pushing to codify protections for same-sex marriage in states throughout the country. "We should all be worried about our other fundamental rights that have been obtained through the courts over the last decade or so," said Kitchen, a Democrat and the state's only LGBTQ lawmaker said. (AP Photo/Rick Bowmer)

SALT LAKE CITY (AP) — As the nation awaits a decision from the U.S. Supreme Court regarding a Mississippi law that calls for banning abortion after 15 weeks of pregnancy, LGBTQ advocates are pushing to codify protections for same-sex marriage in states throughout the country.

Since the leak of a draft opinion alluded to the court potentially overturning abortion rights, concerns have grown over whether justices could next move to reverse other decisions that rely on the “right to privacy” that the court outlined in the Roe v. Wade decision legalizing abortion nationwide nearly 50 years ago.

The leaked opinion authored by Justice Samuel Alito, a member of the court’s 6-3 conservative majority, explicitly says the decision concerns abortion and no other rights.

But legal experts have speculated that similar logic could be used to reverse other decisions, including Obergefell v. Hodges, the 2015 case in which the court ruled same-sex marriage bans unconstitutional.

“We need states across this country to say, ‘We see you. You exist. You deserve respect. And you deserve protections, because your relationship is no different than any other,’” said Jim Obergefell, the plaintiff in the landmark case, who is now a Democratic candidate trying to become an Ohio state lawmaker.

Before the Supreme Court struck down bans and legalized same-sex marriage, 31 states had enacted laws banning same-sex couples from marrying. The laws have not been in effect since courts ruled them unconstitutional, but they remain on the books in most of those states.

For years they were considered defunct and attracted little attention, but the shifting composition of the Supreme Court has led several states to remove them from their statutes and constitutions. Virginia and Nevada repealed their defunct bans in 2020 and New Jersey codified marriage rights for same-sex couples in 2021.

“We should all be worried about our other fundamental rights that have been obtained through the courts over the last decade or so,” Utah state Sen. Derek Kitchen, a Democrat and the state’s only LGBTQ lawmaker said on the steps of the statehouse on Tuesday.

Kitchen and New Jersey Assemblyman Don Guardian, a Republican, want more states to remove the same-sex marriage bans from their laws and codify rights for LGBTQ couples to prepare for a worst-case scenario in which the Supreme Court decides to overturn the 2015 same-sex marriage decision.

“I would very concerned for any state that doesn’t take up the same type of legislation now before the court rules (on abortion) so they can protect their LGBTQ+ residents that have gotten married,” said Guardian, who is gay.

Though the New Jersey law passed with bipartisan support, similar moves to codify same-sex marriage rights could face uphill battles in Republican-led legislatures that have begun to revisit LGBTQ issues with newfound zeal.

Some have moved to limit LGBTQ subject matter from school curriculums and regulate healthcare for transgender youth. At least a dozen, including Utah, have passed laws limiting participation in sports for transgender youth.

Kitchen likened the state same-sex marriage bans to “trigger laws” that many Republican-led states have enacted to prepare for a scenario in which Roe v. Wade is overturned and states can resume limiting abortions.

Kitchen hasn’t talked to the Republicans who lead the Utah Legislature, but said he’s optimistic same-sex marriage has been embraced widely enough in Utah that codifying protections for LGBTQ couples will win widespread support.

“Utah is a family friendly state. We support families we know how important it is to provide stable units for children to grow,” he said.

Kitchen added: “We have already decided as a community that marriage equality is a value that we care about. So yes, this is something that does have a chance of passing in Utah.”

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8 Comments

  • Norma June 8, 2022 at 3:44 pm Reply

    The pushiest special group on the planet. What rights do they not have? Certain issues really SHOULD be decided by the states, not Federally such as abortion. Currently it not uncommon to read about Drag Queen shows with kids on stage or in the audience putting money in drag queens costumes, Google it. Libraries with Drag Queen story hours, kindergartens and preschools pushing sexual content in schools. Big corporations such as Joann, State Farm, Paramount+, Disney and Michaels sponsoring events to push inappropriate books about gender or flash cards to learn their colors featuring a pregnant man in white for that color. Remember when it started? We want equal marriage and adoption rights they said, okay fine, now look where we are. Yes, I’m aware not all gay persons are supportive of Transgender, body altering surgery and puberty blockers for kids. ( I am also aware that the Trevor Project has not lowered the risk of youth suicide.) But, LGBTQ+ seems to cover it all. We have a entire long month to be made fully aware. Let our children be children. How about a month to celebrate our Veterans? Do your children know the origin of rainbows, or do they only think of pride?

    • old fish June 9, 2022 at 7:36 am Reply

      Your scare tactics don’t work

    • skeetr June 9, 2022 at 9:58 am Reply

      I’d wager it is mostly to combat bigoted parents like you, Norma.

      • Norma June 9, 2022 at 12:04 pm Reply

        Name calling? Well, if I’m a bigot perhaps you’re a groomer. Anyone who wants to discuss gender and sex with my child is out of line period!

        • skeetr June 10, 2022 at 10:19 am Reply

          Again, just people filling in for your inadequacies

  • Mickey June 8, 2022 at 11:18 pm Reply

    Totally agree with Norma… Spot On!

  • Joseph Smith June 12, 2022 at 3:36 pm Reply

    I must admit, Norma makes some good points. I guess the only challenge, and reason the gays need to be “pushy” is because they are up against the mentally Ill religious right. But I’m with you – we don’t have to be speaking about sex in classes. But we certainly don’t need to indoctrinate them with wacko religious crap either. Science, math, PE and being kind to others. That’s what school should be about.

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