The Supreme Court's decision last month to overturn a half century of reproductive rights was a huge blow to the LGBTQ community. Interviews with 10 activists and legal strategists, including attorneys who argued the case for marriage equality before the Supreme Court, revealed genuine fears that the court's demonstrated willingness to revisit and overrule established precedent would soon come for the rights of the lesbian, gay, bisexual and queer community.
Beach-Ferrara characterized it as a pretty big effect. It's similar to living in an area that's prone to earthquakes. You know it's possible, but this is a big one.
"I don't know who in our community is not concerned," said Pizer. It would take an ocean of optimism to not be concerned.
Many people thought that Thomas was signaling to officials across the country that they should try to get a case before the court. The two campaigns described it in the same way.
The Human Rights Campaign predicted that state legislators would heed Thomas's call to action. That could be the beginning of a more aggressive effort to challenge these things.
Evan Wolfson is the founder of Freedom to Marry. There is a threat.
In the wake of the Dobbs decision, these activists described conversations with colleagues that have taken on a new importance as they imagine the consequences of a worst-case scenario. While campaigning for marriage equality in other countries, campaigners imagined a return to the US. Some groups have prepared information packets for the LGBTQ community to assure them that their marriages are secure for now, but they should be aware of possible legal attacks in the future. The House Judiciary Committee is holding a public hearing on the threat to individual freedoms in a post- abortion world.
Shannon Minter of the National Center for Lesbian Rights said that people in the community assumed that marriage was off the table.
Minter said that all the groups for the lesbian, gay, bisexual and queer community are on alert.
Some campaigners, like Kendra Johnson with Equality North Carolina, are fielding calls from nervous people in their community, asking what steps they might take to best secure their marriage, shared assets, or parental rights.
There have been reports of huge calls to estate planning attorneys, people who are specialized in LGBTQ law, and an increase in consultations. There are seminars being hosted on how to protect your family in light of the recent events. There is a lot of fear and apprehension in the community.
The threat is so real that two of the people interviewed for this story refused to imagine what kind of case might go to the Supreme Court if they helped their opponents.
Mary Bonauto, civil rights project director at GLAD, said that she was not going to speculate about what those cases would look like.
The director of the American Civil Liberties Union's Lesbian, Gay, Bisexual, and HIV Project said he believed the conservative justices were free to rule. He said that the Dobbs decision was a game-changing one for abortion rights.
The country has taken for granted a lot of the rights that the court may roll back.
Even talking about marriage equality with a reporter felt strange.
It is difficult to return to this place. It's pretty amazing. Through the looking glass.
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