Jim Obergefell, lead plaintiff in the landmark Supreme Court case that determined same-sex marriage is protected by the Constitution, spoke to American University students about his experiences in the courtroom and the importance of ensuring LGBTQ+ rights under an increasingly right-shifting America on Dec. 5.
Associate Professor in the School of Communication Jane Hall moderated the event, which was sponsored by Kennedy Political Union, SOC, the Center for Diversity and Inclusion, Students for Change, Equality Onward AU, Pride at AU, the American Civil Liberties Union at AU and the American Forum.
The case, Obergefell v. Hodges, came about while Obergefell’s long-time partner, John Arthur, was suffering from a terminal case of amyotrophic lateral sclerosis, more commonly known as ALS, a neurological disorder that affects nerve cells in the brain and spinal cord. The two were married in the state of Maryland, but the state of Ohio found their marriage to be invalid under state law.
“I never expected to sue the state of Ohio or go to the Supreme Court, but all of that happened because my late husband and I found ourselves in a situation where we could fight for what we believed in,” Obergefell said in an interview with The Eagle. “When you find yourselves in a situation where you can say this is what I believe in, I hope you fight for it.”
Obergefell initially filed suit against the state of Ohio before spending the next two years alongside 29 plaintiffs in four states arguing his case to the Supreme Court. The ruling came in June 2015 that same-sex marriage is protected by the Fourteenth Amendment.
The Supreme Court, Obergefell said, has undergone a complete ideological shift over the last several years. An increase in conservative justices, the 2022 ruling of Dobbs v. Jackson Women’s Health Organization and Republicans clenching majority rule in all three branches of government following the 2024 election have all created concerns that the rights of LGBTQ+ Americans are at stake.
“This court has taken a right-ward turn that all of the progress we have made, and civil rights in general, are at risk,” Obergefell said. “All that it will take is putting the right case about marriage equality in front of the right extreme right-wing judge, and they’ll overturn it.”
Transgender communities in many states are particularly at risk of legislation that restricts access to gender-affirming care. The Supreme Court is currently hearing United States v. Skrmetti, concerning a law in Tennessee prohibiting gender-affirming care for minors in the state. The court is poised to uphold the law, with five out of its nine justices remaining skeptical on the matter.
“It’s putting the trans community in a terrible place,” Obergefell said. “It’s going to do nothing but increase suicide rates, mental heath issues, and when the law in Tennessee is upheld, these issues will proliferate across the country.”
Likewise, states such as Florida have instituted laws such as the Parental Rights in Education bill that restrict the teaching of diversity, equity and inclusion matters, including those involving the LGBTQ+ community in public education settings. These are supported by recent widespread efforts to elect conservatives onto many towns’ boards of education.
Obergefell said that people of all communities should work together to push back against these increasing realities.
“There is a lot that can be learned from other marginalized communities,” Obergefell said. “If we can stop worrying about our own slice of the pie and instead worry about the entire pie, we’re all going to be better off.”
Obergefell suggests that it is ultimately through the power of stories such as his that Americans will be reminded how important marriage is as an institution, and how vital it is to one’s health and wellbeing.
“We have to understand where we’ve been as a country,” Obergefell said. “Telling stories helps us to understand how far we’ve come to understand what we risk losing if we don’t keep fighting for this.”
Obergefell said he wants to remind students who may not be optimistic about the future of the importance of building community going forward.
“Just always remember there are allies in some of the most unexpected places,” Obergefell said. “When you're feeling a little bit hopeless, just know that there are allies out there who are on your side and will do what they can to make things better.”
This article was edited by Payton Anderson, Tyler Davis and Abigail Turner. Copy editing done by Luna Jinks, Ella Rousseau and Sabine Kanter-Huchting. Fact checking done by Hannah Paisley Zoulek.
