Look what’s back in the headlines – marriage equality. 

And, with that comes a slew of discomfort from our community.

It’s almost as if few believe in our ability to protect ourselves and our community – despite having done so for decades. 

If you’re new here, why not learn about how we protected our community since the 80s during the AIDS pandemic. 

It might just be the eye-opener you need to stop doubting our community and trust we actually can defend our rights. 

Humans are, in fact, the smartest animals on the planet. 

And us gays, well, let’s say evolution has definitely given homosexuals the upper hand when it comes to brains (and brawn). 

We’re going to explain what’s likely to happen with our marriage right now that America’s favorite walking traffic cone is in power. 

But, first… we’d like to invite you to our weekly shindig where we share our two cents about everything gay. 

Interested?

Let’s be friends. 

Not joining us?

Well, Ariana – we’ll wait for your love…

Now let’s learn what’s really on the line for us now. 

Constitutional Rights Are Stronger Than You Think

Let’s start with what’s actually keeping marriage equality in place. 

Simple as it may be to think one person can snap their fingers and strip away our constitutional rights, that’s not quite how this works. 

New Phone, Who dis?

Let’s take it back to 1972’s Baker v. Nelson (talk about vintage drama).

In 1972, two men, Jack Baker and Michael McConnell, tried to get married in Minnesota. When they were denied a marriage license, they took their case to the courts, arguing that Minnesota’s law limiting marriage to different-sex couples was unconstitutional. The case eventually made it to the U.S. Supreme Court.

The Supreme Court’s response? They dismissed the case with just one line, stating there was no “substantial federal question”.

The Supreme Court had a one-line response – basically the legal equivalent of ‘new phone, who dis?’ 

Fast forward to today, and that same Supreme Court has not only recognized marriage equality as a constitutional right, but built an entire framework of protections around it.

The stark contrast exemplifies how LGBTQ+ rights were treated in the ’70s versus now.

Apart from Bostock v. Clayton County and Obergefell v. Hodges, there are other notable Supreme Court cases involving LGBTQ+ rights that we recommend you give a gander. 

1. Romer v. Evans (1996): This was a landmark decision where the Supreme Court invalidated a Colorado amendment that prohibited any governmental entity from adopting measures to protect LGBTQ individuals from discrimination. The Court ruled that the amendment was motivated by animosity towards homosexuals and thus violated the Equal Protection Clause of the Fourteenth Amendment.
2. Lawrence v. Texas (2003): This decision struck down sodomy laws in the United States, ruling that they were unconstitutional. It overturned Bowers v. Hardwick (1986), a previous case that had upheld sodomy laws, marking a significant shift in the protection of the privacy and liberty of gay individuals under the Due Process Clause of the Fourteenth Amendment.
3. United States v. Windsor (2013): Before Obergefell, there was Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA). This decision allowed same-sex marriages to be recognized for federal purposes, setting the stage for the full legalization of same-sex marriage in Obergefell v. Hodges.
4. Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018): This case addressed the conflict between Colorado’s anti-discrimination law and a baker’s religious beliefs. The baker refused to make a wedding cake for a same-sex couple. The Supreme Court held that the Colorado Civil Rights Commission showed hostility towards the baker’s religious beliefs, thus violating his right to free exercise of religion. This case is often discussed in terms of religious freedom versus anti-discrimination protections for LGBTQ individuals.

These cases, alongside Obergefell and Bostock, form a broader narrative about the evolving legal status and recognition of LGBTQ+ rights in America, each addressing different facets of discrimination and our rights protections.

They give us intel on what might happen, but it doesn’t meant it will…

What’s Actually Possible Under Trump’s Administration?

Well, things are far less terrifying than your aunt’s Facebook posts would have you believe…

The path to undoing marriage equality isn’t difficult – it’s like trying to get everyone at a Pride planning committee to agree on this year’s theme. 

Think of it like getting all the gays in your friends group to agree on which club you’re going to this upcoming weekend – nearly impossible…

First, you’d need a case that somehow makes it to the Supreme Court which is harder than it sounds. 

Next, you’d need the Court to not only agree to hear it but also to overturn their own relatively recent precedent.

And there’s nothing more that judges love than their own precedents. 

That’s about as likely as finding a top in a bathhouse. 

What We Actually Need to Watch

Now, here’s the real shocker, the one that makes you stop and think – “oh yeah, I guess that’s right.”

The real challenges aren’t coming through front-door attacks on marriage equality. 

They’re sneaking in through seemingly innocent “religious freedom” legislation and administrative policies. These are the paper cuts that can cause real damage – death by a thousand bureaucratic forms, if you will.

Take for instance the way some states have implemented religious exemption laws that allow healthcare providers or social service organizations to deny services based on religious beliefs. 

Unfamiliar with these? Follow along…

The Conscience Rule

The conscience rule proposed by the U.S. Department of Health and Human Services (DHHS) aimed to expand protections for healthcare workers who object to providing certain services based on religious or moral beliefs. 

While it was intended to safeguard religious freedoms, it faced significant legal challenges and was ultimately blocked in federal court. However, similar policies have been enacted at the state level, allowing individuals and organizations to refuse services on religious grounds.

And, if you’ve been following along you will know that in this series we’ve been extensively covering what we need to do collectively as a group to protect our rights at the state level since federally we never receive help – and that’s regardless of Trump or Biden’s legislation. 

But, there’s more than this one instance of “religious liberties” trying to covertly steal our rights – those we have spent decades fighting for…

Those which, unless we can invigorate the younger generations, such as Gen-Z who are more progressive than millennials, yet somehow fail to see oppression objectively, mainly driven by the fact they are more likely to align with liberal values…. will be revoked, law by law, policy by policy, election by election.  

Sound crazy? Not seeing where we are going with this?

Wake up!

This is a WAKE UP CALL!

It is urgent we instill a sense of awareness and activism in younger generations of LGBTQ+ people. While they may enjoy rights that previous generations fought hard to secure, many do not fully understand the historical struggles behind our victories. 

Solution? Teach our history.

HB 1523 

As we face a resurgence of “religious liberties” legislation, like Mississippi’s HB 1523, that threatens to erode our rights, we must educate and empower them to recognize the subtle encroachments on their freedoms. 

This law, passed in 2016, does indeed allow various entities, including healthcare providers, adoption agencies, and businesses, to refuse services based on their religious beliefs regarding marriage, gender, and sexuality. 

The examples provided—such as doctors refusing transition-related care, adoption agencies declining to place children with same-sex couples, and wedding vendors refusing services to same-sex couples—are consistent with how the law has been interpreted and applied. The law remains in effect and has served as a model for similar legislation in other states.

Notice the bold and italics? Interpreted… that’s powerful. 

We have the power to change interpretation, but we must do so with fact – not opinion.

How to do so, you may ask? Teach our culture and how it’s developed. 

Generation Z has grown up in a time of relative acceptance, but complacency can lead to vulnerability. 

Teach them to think of fear without living in it. 

If we do not equip Gen-Z with the knowledge of our history and the importance of advocacy, they risk becoming unaware of the dangers that could unravel the progress we have made. Now is the time to galvanize their passion and commitment to ensure that our rights are protected and further expanded.

The impacts may seem small at first – perhaps one pharmacy declining to fill a prescription, or one adoption agency refusing to work with certain couples. But when these individual instances accumulate across multiple institutions and services, they can create systemic obstacles that effectively limit access to healthcare, social services, and other fundamental rights for vulnerable populations.

The Community Response (Spoiler: We’ve Been Here Before)

Remember when everyone thought civil unions were the pinnacle of our achievements? 

Our community has a long history of transforming defensive positions into offensive victories. From the Daughters of Bilitis, who skillfully took advantage of the political systems of their time while simultaneously challenging it, to modern organizations leveraging corporate influence to preserve our rights, we’ve learned invaluable lessons about playing the long game.

Let’s not become too comfortable with it…

Moving Forward: The Strategic Game Plan

Protecting marriage equality is not about passive defense. 

We require active reinforcement. 

To actively reinforce we must know that legal rights aren’t simply granted. We earn them through normalization.  (Just ask the Gay Activists Alliance, formed in 1969, which focused on direct action and civil disobedience to advocate for LGBTQ+ rights, proving that passionate grassroots organizing can create significant change even in a time without today’s digital outreach tools — they didn’t even have TikTok to amplify their message!)

We must support state-level legislation that codifies marriage equality and associated rights. While federal protections are fantastic, state-level guarantees act like a good foundation garment — they provide essential support where you need it most. 

Do you think we’re on to something? 

We would love to hear from you. So, drop a comment below. 

What Can You Make of all This Marriage Equality Chat?

The same legal principles protecting marriage equality also protect countless other fundamental rights. 

Fascinating how that works, isn’t it?

Attack one, and you potentially weaken them all. It’s almost as if the Constitution was designed to protect minority rights from majority whims. 

Who knew?

We’ve previously covered how revoking abortion rights, a fundamental for a woman, is a step in our direction which we must savagely stop at all costs…

Turn Your Defense to Vision Today

So where do we go from here? 

We’ve covered so much – and you may or may not agree. 

But, isn’t that the beauty of the internet?

Subjectivity?

Yet – we’ve not heard from your in any of our previous articles related to our rights. 

So, we challenge you…

Rather than just playing defense, let’s talk about expanding protections. Because while marriage equality is important, it’s just one piece of a much larger puzzle.

What does true equality look like beyond marriage? 

How do we ensure that legal rights translate into lived experience? 

How do we move from protecting what we have to creating the future we deserve?

An most importantly, how the hell do we psychologically militarize the younger generations that will protect our future generations?

We’re not asking for comments, we are beseeching.