# Trump on Gay Marriage **URL:** \ **Category:** Great Debates\ **Created:** [November 14, 2016, 4:44pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968 "2016-11-14T16:44:21Z")\ **Posts on this page:** 12\ **Page:** 2
**Author:** ![bordelond](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bordelond/32/150_2.png) [@bordelond](https://boards.straightdope.com/u/bordelond)\ **Post date:** [November 15, 2016, 3:53pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/21 "2016-11-15T15:53:01Z")
Has the Supreme Court ever reversed a previous socially progressive decision? People talk about “_Get enough conservative justices in there, and you can undo all kinds of things_”. But does that or can that really happen? Hasn’t there been a majority-conservative Supreme Court for many (if not most) of the years since the _Roe v Wade_ decision? if so … what’s kept them from summarily overturning _Rose in a fit of pique_? \*\*\* Yes, I know the SC can’t operate that way. A little hyperbole.\* ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [November 15, 2016, 5:10pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/22 "2016-11-15T17:10:46Z")
> [@bordelond](#): > > Has the Supreme Court ever reversed a previous socially progressive decision? Trawling through wikipedia article on [the Lochner era](https://en.wikipedia.org/wiki/Lochner_era) briefly… Depending on how you define “socially progressive”, you could argue that _Lochner v. New York_ reversed the position in _Mugler v. Kansas_ that the state could impose reasonable regulations on the economy in the interest of public health or safety. ---
**Author:** ![Damuri\_Ajashi](https://avatars.discourse-cdn.com/v4/letter/d/898d66/32.png) [@Damuri\_Ajashi](https://boards.straightdope.com/u/Damuri_Ajashi)\ **Post date:** [November 15, 2016, 6:29pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/23 "2016-11-15T18:29:23Z")
> [@Doyle](#): > > Yeah, that’s where I was going. I imagine it’ll be hard to find a supreme court nominee that will pro-life but OK with gay marriage. There are probably more than a handful. ---
**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\ **Post date:** [November 17, 2016, 7:38am UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/24 "2016-11-17T07:38:47Z")
Apparently there’s a judge on his list that thinks consensual gay sex should be illegal…? ETA: William Pryor! That’s the name I heard. > [@Miller](#): > > As I recall, when Prop 8 passed here in California, the implementation only affected the ability for gay people to get married going forward - it didn’t retroactively dissolve the marriages that had already been undertaken during the brief window of legality before the legislation passed. A Supreme Court could, in theory, reverse Obergefell with a similar grandfather clause for people who had entered into marriages so their lives aren’t unduly disrupted. But like abortion, that disruption is what the people on that side WANT: a federal ban on marriage involving anyone but one man and one woman, a federal law outlawing abortion. Anything less and they won’t be satisfied. ---
**Author:** ![Xyjol](https://avatars.discourse-cdn.com/v4/letter/x/8edcca/32.png) [@Xyjol](https://boards.straightdope.com/u/Xyjol)\ **Post date:** [November 17, 2016, 12:58pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/25 "2016-11-17T12:58:14Z")
Trump is a great “actor”! ---
**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\ **Post date:** [November 17, 2016, 2:02pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/26 "2016-11-17T14:02:57Z")
> [@RickJay](#): > > Donald Trump cares not one whit about gay marriage, pro or con. Hardly surprising he’d dismiss it as an issue that interests him. Yeah, this is my understanding. If I became president, the issue of whether Granny Smith apples should have their name capitalized would have no importance to me at all. If there were a group of people who really cared about it one way or another, and if I could gain some political advantage by siding with them on their stance, or by appointing judges who agreed with their capitalization stance, I’d do so, no problem. Trump feels about SSM the way I feel about capitalizing Granny Smith apples. ---
**Author:** ![Hocus\_Pocus](https://avatars.discourse-cdn.com/v4/letter/h/41988e/32.png) [@Hocus\_Pocus](https://boards.straightdope.com/u/Hocus_Pocus)\ **Post date:** [November 20, 2016, 6:33pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/27 "2016-11-20T18:33:06Z")
Something to consider while hearing statements from Trump is that he hasn’t been elected yet. He won’t be truly free to say what he wants until Dec. 19th. ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [January 31, 2017, 1:51pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/28 "2017-01-31T13:51:33Z")
Gay rights related… Trump refuses to do something and it’s good for gay rights. Trump may give us much to worry about on many fronts but today’s news is quoting him as refusing to act to roll back LGBTQ protections implemented as an Executive Order under the Obama administration. See [USA Today story](http://www.usatoday.com/story/news/politics/2017/01/31/donald-trump-barack-obama-workplace-protections/97275366/) > [@His Orangeness' administration](#): > > The executive order signed in 2014, which protects employees from anti-LGBTQ workplace discrimination while working for federal contractors, will remain intact at the direction of President Donald J. Trump. > > … > In its statement, the White House said that Trump “is proud to have been the first ever GOP nominee to mention the LGBTQ community in his nomination acceptance speech, pledging then to protect the community from violence and oppression.” > > It said Trump “is determined to protect the rights of all Americans, including the LGBTQ community.” Cue up the “broken clock right twice a day” jokes and such. At least he stumbled upon the right decision in this one little area, this one time. ---
**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\ **Post date:** [January 31, 2017, 3:31pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/29 "2017-01-31T15:31:21Z")
> [@Iggy](#): > > Gay rights related… Trump refuses to do something and it’s good for gay rights. > > Trump may give us much to worry about on many fronts but today’s news is quoting him as refusing to act to roll back LGBTQ protections implemented as an Executive Order under the Obama administration. See [USA Today story](http://www.usatoday.com/story/news/politics/2017/01/31/donald-trump-barack-obama-workplace-protections/97275366/) > > Cue up the “broken clock right twice a day” jokes and such. At least he stumbled upon the right decision in this one little area, this one time. Just one step closer to becoming a universally-loathed villain. He’s got somethin’ for everybody! ---
**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\ **Post date:** [January 31, 2017, 3:41pm UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/30 "2017-01-31T15:41:22Z")
> [@dracoi](#): > > Do you really think that will be hard to find? > > A spouse has rights to determine medical treatment, so one option is to find a married same sex couple where a child and the spouse disagree on medical treatment for a patient in a coma. Child argues that same sex marriage has injured him by denying his rights to control medical decisions for his parent. > > Or a spouse in a same sex marriage dies. The surviving spouse inherits under default laws, but if it wasn’t for the marriage, inheritance would have defaulted to the children. Children argue that they have been injured by losing their inheritance. Or even easier: Despite the prohibitions by the supreme court, Alambama stops issuing marriage licenses. Gay couple takes them to court, Alabama despite being knocked down at every level continues to appeal until they get their supreme court case. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [February 2, 2017, 5:44am UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/31 "2017-02-02T05:44:16Z")
> [@Buck\_Godot](#): > > Or even easier: Despite the prohibitions by the supreme court, Alambama stops issuing marriage licenses. Gay couple takes them to court, Alabama despite being knocked down at every level continues to appeal until they get their supreme court case. And the Supreme Court votes 8-1 to reaffirm Obergefell. Kennedy, Ginsberg, Breyer, Kagan, & Sotomayor holds that it was rightly decided and will not be reexamined. Roberts, Alito, and Gorsuch hold that Obergefell was wrong as an original matter but stare decisis compels that it be followed. Thomas dissents finding that Obergefell was wrong in its inception and should be overruled. ---
**Author:** ![Zakalwe](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zakalwe/32/270_2.png) [@Zakalwe](https://boards.straightdope.com/u/Zakalwe)\ **Post date:** [February 2, 2017, 5:51am UTC](https://boards.straightdope.com/t/trump-on-gay-marriage/771968/32 "2017-02-02T05:51:41Z")
> [@UltraVires](#): > > And the Supreme Court votes 8-1 to reaffirm Obergefell. Kennedy, Ginsberg, Breyer, Kagan, & Sotomayor holds that it was rightly decided and will not be reexamined. Roberts, Alito, and Gorsuch hold that Obergefell was wrong as an original matter but stare decisis compels that it be followed. Thomas dissents finding that Obergefell was wrong in its inception and should be overruled. 6-3. Gorsuch says “there weren’t no gays when the Constitution was written.” Alito says “Thomas told me to sign this paper, so I did.” [Previous page](https://boards.straightdope.com/t/trump-on-gay-marriage/771968.md?page=1)