JOURNAL ARTICLE
UNDOING THE KNOT: LEGAL AND SOCIAL IMPLICATIONS OF RETROACTIVE VOIDING OF SAME-SEX MARRIAGES BY STATES IF OBERGEFELL IS OVERTURNED.
Published In: Women's Rights Law Reporter, 2025, v. 46, n. 3/4. P. 346 1 of 3
Database: Legal Source 2 of 3
Authored By: Barbura, Adela 3 of 3
Abstract
The article focuses on the potential legal and social implications of retroactively voiding same-sex marriages if the Supreme Court's decision in Obergefell v. Hodges is overturned. It outlines the historical evolution of the Fourteenth Amendment and substantive due process, emphasizing the vulnerability of these rights in light of recent political shifts and the Supreme Court's changing composition. The text discusses the Respect for Marriage Act and its limitations regarding retroactive applications of marriage bans, highlighting the potential chaos and loss of benefits for same-sex couples if such bans are enacted. It also proposes strategies to prevent retroactive nullification of same-sex marriages, arguing that such actions would undermine individual rights and stability in family structures, while also contradicting the Equal Protection Clause of the Fourteenth Amendment. [Extracted from the article]
Additional Information
- Source:Women's Rights Law Reporter. 2025/03, Vol. 46, Issue 3/4, p346
- Document Type:Article
- Subject Area:Law
- Publication Date:2025
- ISSN:00858269
- Accession Number:187804306
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