The Trump Presidency and Same-Sex Marriage
I’ve been getting quite a few questions about Donald Trump and what it means for the LGBT community and same sex marriage.
Here are my thoughts:
Mr. Trump will have an opportunity to nominate a Supreme Court justice. He has given mixed statements on same sex marriage. On one hand, he has said that it’s settled, on the other, he has said that he would put a justice on the court that would overturn the ruling and put it back to the states. The reality is that it depends on the ideology of the justice who takes over the empty position on the court.
Given Mr. Trump’s conservative beliefs on abortion and other issues, and that the Republican party is in control over both the House and the Senate, one can come to the conclusion that a justice would most likely hold conservative beliefs. This could mean an overturn of Obergefell v. Hodges, or at least an attempt to bring the issue up to the highest court in the land again.
For Obergefell to be overturned, the case would have to make it up through the court system again and be put in front of the Supreme Court. This is isn’t a simple task that happens overnight. The Supreme Court tends to uphold its prior rulings. Also, the court doesn’t traditionally review cases that they have recently ruled upon. Given that the Obergefell ruling was made in June 2015, I don’t see where a case would be immediately seen by the court.
At this time, I don’t feel that we are in immediate danger of having same sex marriage overturned. However, with that being said, nothing is guaranteed. We will have a better understanding of the temperature of the court once justice nominations are presented.
Sharon L. Herman AAMS, ADPA is the CEO of Silver Key Wealth Management
Opinions offered are those of Sharon Herman and not necessarily those of LPL Financial.
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