What happens if gay marriage is overturned

Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 with respect to federal laws and Article 1, Section 10 with respect to state laws. Of course, that is not a guarantee that it will not come under scrutiny at some point in the future. There does not appear to be any planned attack on Obergefell at this time. The short answer is, more than likely NO.

Of course, no one can accurately predict what the future holds, and our response below is our opinion. Is an attack on Obergefel l next? Can North Carolina invalidate my current marriage? Other than the mention by Justice Thomas, which may be a forecast of things to come, there is no case pending at this time. The Supreme Court could overturn its landmark ruling that established a nationwide right to same-sex marriage if a case addressing the matter is brought before it, experts told Newsweek.

If you have any questions about your particular situation, give us a call at to set up an appointment to speak with one of our attorneys. If you were legally married in the State of North Carolina, then your marriage is valid, and will in all ways foreseeable at this time, remain valid in the State of North Carolina. Were Obergefell to be overturned and we do not believe this will happen in the near futurethe federal law would revert back to what it was pre- Obergefelland each individual state would be allowed to enact or enforce laws regarding same-sex marriage on a state-by-state basis.

Will Obergefell v. Posted in Family Law. In the seven years since Obergefell was decided, same-sex marriage bans in 35 states across the country have lain dormant. Unless states change what’s on their books, same-sex marriage would become illegal in at least 25 states if Obergefell were to be overturned, and it would likely become illegal in seven others.

Like the recent ruling in the Dobbs v. Call For a Confidential Consultation! Learn what this means, how to prepare legally, and ways to protect your relationship. Hodges be overturned?

If Obergefell is overturned, same-sex marriage rights could change. Learn what this means, how to prepare legally, and ways to protect your relationship.

Same-sex marriage would be illegal in 25 to 32 states if the Supreme Court overturned Obergefell Dormant constitutional provisions and existing laws in those states would snap back into place and. What will happen if Obergefell is overturned? Here’s what could happen in states that banned same sex marriage before the Supreme Court decision. But should Obergefell be overturned, they would again be activated.

In the seven years since Obergefell was decided, same-sex marriage bans in 35 states across the country have lain dormant. A law applied retroactively to past acts is referred to as Ex post facto law. Hodges be overturned? If Obergefell is overturned, same-sex marriage rights could change. Learn what this means, how to prepare legally, and ways to protect your relationship. If Obergefell is overturned, same-sex marriage rights could change.

So, should Obergefell be overturned which we have no indication that this possibility is looming on the near horizonour Constitution expressly forbids a law to be applied retroactively, including our marriage law. But should Obergefell be overturned, they would again be activated. The Supreme Court could overturn its landmark ruling that established a nationwide right to same-sex marriage if a case addressing the matter is brought before it, experts told Newsweek.

Here’s what could happen in states that banned same sex marriage before the Supreme Court decision. Will Obergefell v. The most critical question at this time is, can the current law in our NC State Constitution and NC Statutes, banning same-sex marriage, be applied retroactively?