Hillary Clinton Sounds Alarm on Same-Sex Marriage Rights
Hillary Clinton formally accepts the Democratic Party's nomination for President on the fourth night of the Democratic National Convention in Philadelphia, July 28, 2016. Photo by Ali Shaker/VOA. Public domain.
Hillary Clinton's recent warning has sent shockwaves through the nation's LGBTQ community and beyond. On a widely listened-to podcast, she sounded the alarm that the Supreme Court might soon overturn "Obergefell v. Hodges," the landmark 2015 ruling that legalized same-sex marriage nationwide. Her warning carried a sense of urgency, suggesting that couples worried about their future should not assume the right to marry will remain secure. This stark prediction has ignited fears that a foundational civil right could unravel, leaving millions vulnerable to a patchwork of state laws and uncertain protections.
A Warning From a Political Veteran
During an appearance on the "Raging Moderates" podcast in August 2025, Hillary Clinton laid out her concerns about the future of marriage equality in the United States. According to The Hill, she pointed to the Supreme Court's recent history, noting how it took decades for "Roe v. Wade," the federal right to abortion, to be overturned. Clinton predicted the Court would take a similar path with "Obergefell," sending the issue back to the states and effectively dismantling the national guarantee of same-sex marriage. She urged LGBTQ couples to consider marriage now, fearing that while existing marriages might be preserved, the national right could be undone, leaving fewer than half the states recognizing same-sex unions.
"It took 50 years to overturn Roe v. Wade. The Supreme Court will hear a case about gay marriage," Clinton said on the podcast. "My prediction is they will do to gay marriage what they did to abortion — they will send it back to the states."
This warning comes amid a growing legal challenge to "Obergefell." In July 2025, Kim Davis, the former Kentucky county clerk who famously refused to issue marriage licenses to same-sex couples in 2015, reportedly petitioned the Supreme Court to revisit the ruling. Davis' petition, supported by lawyers from the Liberty Counsel, a far-right legal group, argues that "Obergefell" was wrongly decided and seeks to have it overturned, citing the Court's decision to overturn "Roe v. Wade" as a precedent.
The Legal Landscape Shifts
The Supreme Court's conservative majority has shown a willingness to reconsider landmark rulings, often issuing decisions without full explanation through a shadow docket. This has left many Americans anxious about the stability of established rights. According to The Hill, Justices Clarence Thomas and Samuel Alito have openly questioned "Obergefell" in past opinions, signaling potential openness to revisiting the issue.
The legal challenges are not limited to marriage. Cases involving transgender rights, such as bans on gender-affirming care for minors and restrictions on transgender athletes, are reportedly making their way through courts in conservative states. Any of these cases could reach the Supreme Court and provide an opportunity to chip away at or overturn "Obergefell."
What Protections Remain?
Even if "Obergefell" were overturned, the Respect for Marriage Act (RFMA), signed into law by President Joe Biden in 2022, offers some safeguards. The RFMA reportedly requires states to recognize same-sex marriages performed legally in other states and protects married couples from discrimination. However, it does not establish a constitutional right to same-sex marriage, leaving room for states to ban or restrict marriage equality within their borders.
Legal experts warn that the RFMA has significant loopholes. It does not prevent states from enacting laws that could make it difficult or impossible for same-sex couples to marry locally. This could lead to a fragmented legal landscape where marriage rights vary dramatically depending on where a person lives.
Public Opinion and Political Divides
Public support for same-sex marriage remains high overall, but partisan divides persist. According to The Hill, recent polls show that while a majority of Americans support marriage equality, support among Republicans has dipped to its lowest point in a decade. This political polarization adds complexity to the issue, as state legislatures controlled by Republicans may be more inclined to restrict marriage rights if "Obergefell" is overturned.
The political stakes are high. Advocates for LGBTQ rights see the potential rollback of marriage equality as part of a broader assault on civil rights, while opponents argue for religious liberty and states' rights. The Supreme Court's decisions in the coming months and years could reshape the legal and social landscape for millions of Americans.
The Urgency to Act
Clinton's call to action reflects a sense of urgency felt by many in the LGBTQ community and their allies. The possibility that marriage equality could be dismantled has prompted couples to reconsider their plans and legal protections. The fear is not just about losing the right to marry but about the broader implications for anti-discrimination protections and social acceptance.
Legal analysts caution that while the Court may not immediately overturn "Obergefell," the groundwork is being laid for future challenges. The political composition of the Court and the current legal environment suggest that marriage equality is far from secure.
Looking Ahead
The future of marriage equality in America hangs in the balance. Hillary Clinton's warning serves as a stark reminder that rights once thought secure can be vulnerable. Whether the Supreme Court will overturn "Obergefell" remains uncertain, but the threat is real enough to prompt serious consideration and action.
As the nation watches closely, the coming months will be critical in determining whether marriage equality remains a guaranteed right or becomes a state-by-state battle once again.
References: Hillary Clinton Says Same-Sex Marriage Will Go the Way of Roe v. Wade | Hillary Clinton: Supreme Court 'will do to gay marriage what they did to abortion' | The Fight for Same-Sex Marriage Isn't Over. Far From It. | Why is gay marriage losing US support — and are bans looming?
