There is concern among some gay couples that the Supreme Court may overturn their right to marry following the decision to overturn Roe v. Wade in 2022. Justices Clarence Thomas and Samuel Alito have previously signaled openness to reversing the Obergefell ruling, which legalized same-sex marriage. However, advocates like Mary Bonauto believe that marriage equality is unlikely to change in the foreseeable future.
The Trump administration has not indicated a desire to roll back same-sex marriage, with some pointing to Cabinet picks and actions taken during the first term as evidence of support for LGBTQ rights. Despite this, Trump enacted policies that harmed LGBTQ individuals, such as banning transgender Americans from the military and rolling back discrimination protections.
Congress and the Biden administration passed the Respect for Marriage Act in 2022 to protect same-sex marriage at the federal level, and several states have also taken measures to safeguard this right. Despite these protections, some same-sex couples are considering marrying sooner due to fears of potential changes under the incoming administration.
Michael Kaye, a 32-year-old New Yorker, is among those considering eloping before Inauguration Day out of concern for the future of same-sex marriage rights. The uncertainty surrounding LGBTQ rights under a new administration has led to renewed fears and uncertainty among the queer community.
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