Trump of Little Risk to Marriage Equality

November 10, 2016

Guest post by Shannon Minter of National Center for Lesbian Rights.

Dear Equality Federation Friends,

In response to some inquiries from people who are afraid their marriages might be invalidated, we drafted this brief explanation:

There is no realistic possibility that anyone’s marriage will be invalidated.  The law is very strong that if a marriage is valid when entered, it cannot be invalidated by any subsequent change in the law. So people who are already married should not be concerned that their marriages can be taken away. To the contrary, it is important that they continue to live their lives as married couples.    

Looking forward for individuals who are not currently married but who may wish to marry in the future, we also think it is highly unlikely that the fundamental right of same-sex couples to marry will be challenged or that the Supreme Court would revisit its 2015 holding that same-sex couples have that fundamental right. The doctrine of stare decisis—which means that courts generally will respect and follow their own prior rulings—is also very strong, and the Supreme Court very rarely overturns an important constitutional ruling so soon after issuing it. In addition, while the new administration is very conservative, neither Donald Trump nor anyone associated with his campaign has indicated any serious or immediate intention to try to turn back the clock on the freedom to marry, and the great majority of Americans now strongly support marriage equality.

Shannon Minter
Legal Director
National Center for Lesbian Rights

More You might like

Press Release: Equality Federation Reacts to 2024 Election Results

Equality Federation responds to the results of the November 5, 2024, Presidential election and many Congressional, Senate, state, and local election results.

September 6, 2024
Elections 2024: A Rainbow Wave?

As of today, Equality Federation has finalized $240,000 in seed grants for our partners' electoral work. Many groups have been using these grants to leverage more funding. However, members still report that they need to raise $6M to contact every voter we need to win. Help us move more resources quickly to states with the greatest needs.

September 6, 2024
Reflecting on Leadership Conference 2024

We held our largest Leadership Conference to date, with 360+ attendees from across the country coming together to build relationships and learn from one another. 

September 6, 2024
A young man looking up, smilingA young man smiling straight at the camera
Confident young woman standing with crossed arms.

Want To Make A Difference? Support Our Work

With your support, we'll be able to continue our work to build the leaders of today and tomorrow, strengthen state-based LGBTQ+ organizations, and make critical progress on the issues that matter most—like protecting transgender people, ending HIV criminalization and ensuring access to care, and banning conversion therapy across the country.