Thread🧵 : Some people have challenged me over ACB & the courts, asking why I’m so supportive of a nomination that would ostensibly make it likelier that my own (same-sex) marriage would be invalidated. Short answer, among other factors...I am convinced that will not happen...
I think a (hypothetical) challenge to Obergefell would be an extreme long shot, for all sorts of reasons — standing, new equal protection issues for the many thousands of Americans in existing same-sex marriages, precedent & the justices’ prudential judgments...
I’ve spoken to a number of scholars and court-watchers I respect who’ve unanimously told me they believe the Court wouldn’t even take up such a challenge, and that if they somehow did, a (possibly sizable) majority would uphold Obergefell...
I’d also note that in this past term, the Court *expanded* LGBTQ rights & protections in Bostock, a 6-3 ruling joined by CJ Roberts and authored by J. Gorsuch (a Trump appointee who happens to be my favorite sitting justice)...
If I truly feared that my own marriage, and my community’s basic rights, were under threat, I may approach this differently. But I believe (& ppl are free to disagree) that much of the “Obergefell is dead!” hyperventilating is just that: Fear-mongering, not rooted in reality...
Finally, as usual, I care deeply about multiple issues, most of which lead me to strongly favor a conservative judiciary. /end 🌈🇺🇸
(Oh, and read this):
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