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The Quiet Roar of Inaction: How SCOTUS Left Same-Sex Marriage Standing

  • Nishadil
  • November 11, 2025
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  • 3 minutes read
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The Quiet Roar of Inaction: How SCOTUS Left Same-Sex Marriage Standing

The highest court in the land, a place where legal battles often rage with fiery passion, made a choice recently. And that choice, or perhaps the lack of one, sent a rather clear signal across America: nationwide same-sex marriage, for now, remains firmly intact.

It wasn't a grand, sweeping affirmation, mind you. No, this was a more subtle maneuver, a refusal to engage. The U.S. Supreme Court simply declined to hear a direct challenge that aimed to, quite frankly, dismantle the landmark 2015 ruling of Obergefell v. Hodges. That pivotal decision, which, let's be honest, felt like a monumental shift for many at the time, codified marriage equality across all fifty states.

This particular legal dust-up originated, as so many do, from a very specific scenario out in Indiana. A group there had sought to challenge Obergefell, arguing essentially that the power to define marriage should reside solely with individual states, not with the federal government. It's a familiar argument, a states' rights refrain that pops up quite a bit in constitutional law, especially when it comes to deeply personal issues.

Now, it wouldn't be a significant Supreme Court moment without the familiar dissenting voices chiming in, would it? Justices Clarence Thomas and Samuel Alito, true to form, voiced their disagreement with the Court's decision to pass on the case. They — and this is key, mind you — drew a parallel, albeit a contentious one for many, to the Dobbs ruling. That's the one that, not so long ago, dramatically overturned Roe v. Wade, essentially revoking the constitutional right to abortion. Thomas and Alito argued, in essence, that if abortion rights weren't explicitly in the Constitution, then perhaps marriage rights for same-sex couples, similarly, aren't either. It's a consistent, if concerning to some, line of reasoning from those two.

But here's where it gets interesting, a little wrinkle in the tapestry, if you will: Justice Brett Kavanaugh, who notably joined the majority in that very Dobbs decision, has, at other times, explicitly called Obergefell 'settled precedent.' His position, you could say, offers a glimmer of a different interpretation, suggesting that even a conservative-leaning court might not be uniformly eager to revisit every contentious ruling. In truth, the absence of his voice in the dissent here speaks volumes.

So, for now, marriage equality remains the law of the land. A quiet confirmation, perhaps, but a confirmation nonetheless. The legal landscape, as we know, is never truly static, but today, at least, a major cornerstone of LGBTQ+ rights holds firm. And honestly, for many, that's a welcome bit of stability in an often-unpredictable world.

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