> It was based on equal protection and a “right to marry”.
How can one then go after same-sex marriage?
How can one then go after same-sex marriage?
Keep in mind that this is only Thomas who is publicly stating this position.
The basis for Obergefell is much broader than what was just overturned with roe, and so I would consider it on firmer legal footing than roe was, alito alluded to as much in his opinion.
At the same time all it takes is 5 votes to win a case, so who knows.