Opinion | Congress Should Codify Same-Sex Marriage

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Since the U.S. Supreme Court established the right of same-sex couples to marry in Obergefell v. Hodges in 2015, more than 1.1 million gay and lesbian Americans have entered into legal marriages. Last month Justice Clarence Thomas wrote in Dobbs v. Jackson Women’s Health Organization that the court should reconsider the 2015 Obergefell decision, among others.

Justice Thomas wrote only for himself, and the majority explained that Dobbs concerned “the constitutional right to abortion and no other right.” Nevertheless, the concurrence has ignited anxiety that same-sex couples will be vulnerable to legal and political challenges.

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