Justice Clarence Thomas, who is consistently the most conservative Supreme Court judge, wrote a concurring opinion in Dobbs v. Jackson Women’s Health Organization that raised concerns about the future of marriage equality. 

In his opinion, Justice Thomas stated that the court should reexamine other cases that use the 14th Amendment as the legal basis for their rulings. One notable example of this was Obergefell v. Hodges, which used the 14th Amendment’s due process and equal protection clauses to legalize same-sex marriage nationwide. 

When the Obergefell decision was handed down in 2015, 13 states had complete bans on same-sex marriage. Today, 32 states have enshrined protections for same-sex marriage into their constitution. These states contain approximately 8.5 million LGBTQIA+ adults or 61% of the adult LGBTQIA+ population of the United States, meaning that 39% of LGBTQIA+ adults are without legal protection if Obergefell is overturned.

Daily headlines, sent straight to your inbox.

Subscribe to our newsletter to keep up with the latest at and around USC.

While this is demonstrably concerning, Obergefell likely won’t fall tomorrow so we have time to fight for marriage equality on the state and federal level. In order for Obergefell to be overturned, a plaintiff would have to file a court case in which they challenge the validity of same-sex marriage. 

Then that court case would likely have to reach the Supreme Court. From there, the Supreme Court would decide whether or not to include the case in its official docket. The Court would then have to rule against the precedent of Obergefell by agreeing that the precedent set in Obergefell does not have any constitutional backing, just as the court did in Dobbs. 

To combat the likely overturning of Obergefell, we need to take action starting now. This can manifest in many ways, from securing personal safety to advocating for the enshrinement of marriage equality federally.

For people currently in a marriage with or looking to marry a partner of the same sex, it may be advantageous to move to a state with those protections enshrined in its state constitution. If that is not possible, it is best to start preparing now for the potential consequences of the fall of Obergefell. For example, both parents in these same-sex marriages should adopt all of their children, even children that are genetically the other partner’s offspring.

Once you are personally as secure as you can be, there is political work that we need to do to advance the protection of same-sex marriage. In an overwhelmingly Republican national government, wherein all three branches are held by a conservative majority, local protections will be the most feasible option. 

States, such as Idaho, have already introduced bills that oppose same-sex marriage. It is imperative that residents of Idaho who are proponents of LGBTQIA+ rights fight the introduction of this bill by emailing, calling or visiting their state legislature representatives. 

You can also resist bills that oppose same-sex marriage by organizing protests. These could range from a local protest in your own town square to joining larger marches organized at your state capital. Organizing a protest can look like getting the permits required to hold a mass demonstration in front of a government building or main street and then distributing flyers inviting community members to attend. This can also look like keeping up to date with protests in your area through social media and attending as many as you can. 

It is extremely important that you make your voice heard in these uncertain times. Not only should you hold your representatives who oppose same-sex marriage accountable, but you should also advocate for marriage equality to be codified at the state level. We must not only be against the overturning of Obergefell but for the enshrinement of marriage equality laws in every state’s constitution across the country. 

On the federal level, the steps are much the same as the state. Everyone should contact their representatives and tell them that protecting marriage equality is of the utmost importance to them as a constituent. 

Everyone should be concerned about the overturning of previous precedents set by the 14th Amendment. 

The overturning of legal precedents that protect underrepresented groups in the U.S. may have started with the overturn of Roe v. Wade, and possible threats against Obergefell are looming, many conservatives hope that the ball won’t stop there. They plan to come after interracial marriage — established by the case of Loving v. Virginia — as well, setting the U.S. back nearly 60 years. A potential overturn of Loving v. Virginia would mean a significant regression in U.S. politics. 

We must not let this continue; when one marginalized group’s rights are stripped, the others’ are sure to follow. None of us will be free until all of us are free. 

Peyton Dacy is a junior writing about the struggles queer people face on college campuses and beyond. His column, “Lavender Letters,” runs every other Tuesday.