From The TPM Morning Memo:

This is hugely pertinent to our interests. And the history callback of Dobbs/Roe is spot on!! This needs we the people’s work sooner rather than later. The story linked within is important background for working on this. Seriously: pick one or two (or more!) rights organizations and do what you can with them, now, while it’s not still too late, and stick with it until the other side is defeated. Please don’t wait until this is in court. Then:

A very sound scheme is to check in with your states on their legislative websites, see what the laws are right now, and what’s in the chute. Overturning Obergefell can’t/won’t change state laws regarding marriage, just as overturning Roe didn’t change state laws regarding repro rights. But knowing what could be coming, especially in red states, is imperative for getting ourselves protected, and protecting others. If your state is safe, well, pick another state that isn’t, and help them out. If your state has no law at all, lobby hard to get one, ASAP. And thanks! -A.

This Could Be Roe all Over Again

Some of Trump’s judicial nominees have refused in confirmation hearings to acknowledge that the Supreme Court’s 2015 decision in Obergefell v. Hodges, striking down state bans on same-sex marriage as unconstitutional, was correctly decided. According to an analysis by JP Collins at the legal website Balls and Strikes, Eric Tung, who Trump nominated to the U.S. Court of Appeals for the Ninth Circuit, said only, “the Supreme Court granted such a right.” William Mercer, a nominee to the U.S. District Court for the District of Montana, said Obergefell is “binding precedent,” but declined to “grade the Supreme Court.”

As Collins points out, these verbal gymnastics to avoid saying the case was correctly decided mirror those of Trump’s first term Supreme Court nominees who said Roe v. Wade was precedent but would not say it was correctly decided — and then voted to overturn it.

One might say marriage equality is different from abortion. Obergefell is just 10 years old, and Roe was decades old. But the most important feature that both decisions share is the enmity of the Christian right, and its determination to overturn them, no matter how many years or decades it takes.

Even before the court decided Obergefell in 2015, the Christian right was already planning to treat it just like Roe. The Supreme Court’s 1973 decision, they argued, was not the end of the abortion issue but rather the beginning. They used money, media, political might, religion, and relentless organizing to use abortion to drive politics and shape the judiciary. Their plans for Obergefell and LGBTQ rights are no different.

Photo by Astrid Riecken For The Washington Post via Getty Images