Calm Yourself: What Trump Can and Cannot Do About LGBT Rights
I am a law professor who has paid a lot of attention to gay rights for decades, and I am a gay activist who has worked to create and preserve our rights for over forty years. My husband tells me that Facebook is filled with posts worrying that gays are in major trouble because of Trump’s election, and asked me to write this post explaining what can and cannot happen, and what’s likely to occur. Let’s take the rumors one by one. 1. Is Gay Marriage Ending? No. The Supreme Court’s decision in Obergefell v. Hodges (2015) ruled that the United States Constitution requires that gays be given equal marriage rights with straights. That will remain the law of the land until one of two things happens: (1) an amendment to the Constitution is passed by Congress and the States saying otherwise (very unlikely—you couldn’t even get the process started in Congress), or (2) the Supreme Court itself overrules Obergefell . The Court cannot act