WASHINGTON D.C. — (12-15-20) — The conservative Supreme Court of the USA shocked conservatives on Monday when it declined to roll back marriage equality. Conservatives had hoped that with the appointment of Trump’s three conservative justices, marriage equality would quickly be reversed.
However the justices denied certiorari on Monday in a case that threatened to chip away at marriage equality. The Court’s denial will disallow Indiana’s effort to discriminate against same-sex couples and will continue to preserve the meaning of Obergefell v. Hodges.
This was the third time conservatives have tried to roll back marraige equality through the conservative majority Supreme Court.
Indiana Attorney General Curtis Hill (R) took the position in Box v. Henderson that same-sex spouses should not have the same rights to be listed on state-issued birth certificates as opposite-sex spouses.
The case arose as the result of several lesbian couples who conceived via artificial insemination. The problem you ask is that Indiana refused to list birth mothers’ wives on their children’s official birth certificates, but regularly listed birth mothers’ husbands on birth certificates without prejudice.
By the time Indiana appealed its loss at the Seventh Circuit, Justice Amy Coney Barrett was already scheduled to be on the court. That had many court-watchers wondering if she would push a conservative agenda by advocating for the repeal of marriage equality, similar to what Justice Clarence Thomas has suggested the court consider.
The Supreme Court’s denial of certiorari in Box v. Henderson means the Seventh Circuit’s decision stands. LGBTQ+ rights advocates praised the Court’s denial not only for its practical implications, but also for its signal that the conservative Court will uphold the Obergefell precedent.
Article by: Paul Goldberg, Staff Writer
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