Judge Amy Coney Barrett has reportedly initiated a rethinking of the previously authorized same-sex marriage

 


Supreme Court Justice Amy Coney Barrett declared that the highest court “should not impose its own values ​​on the American people,” amid growing pressure for the court to reconsider its landmark decision a decade ago that legalized same-sex marriage nationwide.

Barrett's comment comes in a political and judicial context in which conservative sectors have sought to reopen the debate over the 2015 Obergefell v. Hodges ruling, which recognized the constitutional right to marriage equality. For the justice, who was nominated to the Court by former President Donald Trump in 2020, it is up to Congress and the states, rather than judges, to define the guidelines on highly sensitive social issues.

“When the Court issues rulings based on its own moral conceptions, it risks usurping the role of elected representatives,” Barrett reportedly stated at a recent legal forum. His statements were interpreted as a signal that a portion of the court's current conservative majority would be willing to review landmark precedents that once expanded civil rights in the country.

The possible rethinking of Obergefell has raised concerns among human rights organizations and LGBTQ+ groups, who warn that a setback in this area would undermine fundamental social gains and open the door to legalized discrimination. Democratic leaders in Congress, for their part, have expressed that any attempt to limit marriage equality will face stiff legislative and political opposition.

The debate reflects a persistent tension in the American judicial system: the struggle between those who argue that the Supreme Court should maintain a strict interpretation of the Constitution—without incorporating changing social values—and those who believe the court has a responsibility to guarantee the protection of fundamental rights against circumstantial political majorities.

Although it has not yet been confirmed whether the high court will agree to review the case, Barrett's statements rekindle fears that the current conservative composition of the Court could reverse decisions considered historic for civil rights in the United States.

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