When the Supreme Court legitimate same-sex marriages nationwide in Oberg fell v. Hodges, many LGBTQ commentators point out that there could be the backlash. And there was “Bathroom Bills”, such as the House bill 2 in North Carolina, were passed needful people to use the bathrooms that agree with the sex marker on their birth certificates.
The backlash of same-sex marriages also encompassed attacks on the core of the LGBTQ families: parental right. Arkansas reject to license the non-biological parent in a same-sex couple to be listed as the parent on the child’s birth certificate.
On 26th June, the U.S. Supreme Court rejected the Arkansas Supreme Court’s decision in Pavan v. Smith. The reason for the rejection of the Arkansas decision was “denying married same-sex couple’s access to the constellation of benefits that the State has linked to marriage,” as required by Oberg fell v. Hodges.
Well, the Chief Justice John Roberts joined the decision of the majority. He may be a swing vote in protecting the same-sex marriages. And the Justice Neil Gorsuch in divergence, authored an opposition, proposing his first views on the rights of LGBTQ persons, and this is joined by the Justices Thomas and Samuel Alito.
He is the man who strongly supports the Arkansas decision. In the Gorsuch view “It is very hard to see what is wrong with this conclusion for, just as the state court recognized, nothing in Obergefell indicates that a birth registration regime based on biology offends the Constitution.” He also said that the Supreme Court’s decision “suggests just the opposite conclusion.”
Because the Gorsuch opposed the LGBTQ rights and he is not the supporter of this so, the other justices already called him out for this position.
The important point to be noted in this case is the vote of the Justice Robert. He is the one who joined the per curium opinion, he opposed in Obergefell. And if he is unceasingly opposing the Obergefell, he can easily be linked the dissenters in the Arkansas case.