Last night Donald Trump bizarrely declared that Obergefell v Hodges is “settled law” – but Roe v Wade is somehow not. As you can see, hate group leaders are furious. Right wing commentator Rod Dreher says the hate groups should surrender on same-sex marriage and focus on other ways of destroying LGBT civil rights. From his column today in the American Conservative:
I did not support Obergefell, I believe the legal scholars who say it’s poorly reasoned, and I would be pleased to see it overturned. But Obergefell is a decision that’s widely supported in our culture, and will be gaining higher levels of support as the elderly die. I see no reason to waste political capital attempting to reverse it. (Note well that a reversal would only mean each state gets to decide its own marriage law. Most states would pass same-sex marriage at once, and those that didn’t would get there within a decade.)
It’s far, far more sensible for a Trump administration and conservative activists to put their attention on protecting religious liberty in an Obergefell world, both through laws and by confirming judges, especially Supreme Court justices, who have a strong sense that religious schools and institutions must not be discriminated against for practicing their faith with regard to marriage, family, and sexual expression.
This is where a reasonable compromise can be achieved. It’s not going to thrill either religious conservatives or LGBT activists, but it’s something we can live with. Plus, it will be a great thing if the Trump administration ends the federal government’s Title IX crusade, especially on the trans front. Those issues are the ones for conservatives to hold the new president’s feet to the fire on, not the overturning of Obergefell.