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An opinion like that would threaten the legitimacy of the Court, something which troubles even the most conservative of jurists.”įive years later, this reads like satire. And the Court would then have to reverse its own interpretation of the Constitution to undo a decision that is just over a year old. Four justices would have to agree to take the case, even if it existed. With couples already getting married in all but a few counties in the country, this is practically impossible - there is no “case” to be made.

Suppose, however, that one of the older pro-LGBTQ justices, such as Justice Anthony Kennedy or Justice Ruth Bader Ginsburg, were to die, or retire, during Trump’s tenure? Even then, another marriage case would have to make its way to the Court. First, Trump would have to appoint at least two Supreme Court justices to make any real difference. “For a President Trump to undo the progress made by Obergefell and its predecessors, a number of improbable things would have to happen. Let’s briefly denude ourselves and bathe together in my shame. So after the election, I published a piece to tell them that while everything wasn’t exactly going to be OK, we at least knew for sure that marriage equality is safe.

Those victories led people, including me, to assume I knew something about how the courts, government, civil rights, and history work. Here’s the brief we filed: None of this contact info works anymore, so don’t try it.Īfter the win at SCOTUS, my partners and I litigated the infamous Kim Davis case (that’s the one where a county clerk in Kentucky stopped issuing marriage licenses after Obergefell), and won pretty much every step of the way. Seriously! There’s a whole movie about it. “Why would anyone care what you think? Aren’t you just some middle-aged shitposter who tricked a law school into hiring you?” Yes, but I was also lead counsel for the Kentucky plaintiffs in Obergefell. Hodges - the 2015 decision that recognized same-sex marriages in all 50 states. In particular, people were asking me (a lot) about whether Trump could “undo” the decision in Obergefell v. People were freaking out about Trump and his cronies reversing the progress made in the fight for LGBTQ+ rights, and I wanted to allay those fears. In late 2016 I published an op-ed entitled “ Trump and LGBTQ rights: Your worst nightmares unlikely to come true.” The premise of the piece was basically what you’d expect from the title.