Roe is in peril. LGBTQ Americans worry same-sex marriage will be next. | #republicans | #Alabama | #GOP

Irving, Texas

Eighteen months ago, Lorah Trumbatori and Stephanie Rogers were married under the wide Texas sky in a rural county west of San Antonio. 

It was the end of a long, and sometimes difficult, journey. Ms. Rogers is a lesbian and Ms. Trumbatori is trans, and in the years they’ve been together – first in Southern California and then in Texas – their parents had gradually, sometimes awkwardly, warmed to their partnership. Her father is accepting, says Ms. Rogers, though probably not affirming.

But a ride off into the sunset did not follow. In fact, their union began another long, difficult journey. First, the pandemic struck, and in a state where LGBTQ couples can feel uncomfortable in public, they could barely be in public at all. Now, legal winds are rising that could uproot the rights that have helped them feel like safe, valued, and equal members of society.

Why We Wrote This

The Supreme Court appears on the cusp of overturning a right – to abortion – for the first time in modern history. What happens to other rights unpopular with conservative Christians that, like abortion, were underpinned by the 14th Amendment? Part 2 of an occasional series.

Last week, a draft opinion overturning the right to abortion leaked from the U.S. Supreme Court. While the final opinion could be different, and while the draft opinion stressed that the abortion right lies on shakier legal ground than other rights not explicitly mentioned in the Constitution (known as unenumerated rights), many legal experts are less sure.

Three current members of the court voted against recognizing a right to same-sex marriage in Obergefell v. Hodges – including Justice Samuel Alito, the author of the leaked draft opinion – and have repeated their objections that it has “ruinous consequences for religious liberty.” Conservative lawmakers and lawyers have argued recently that same-sex marriage carries the same fundamental flaw as other unenumerated rights. Meanwhile, red states around the country are enacting laws and policies targeting LGBTQ youth and their parents.

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