Professor Shannon Gilreath says President Trump can’t outlaw same-sex marriage
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January 27, 2017
Professor Shannon Gilreath is quoted in the following story, “Same-sex marriages on the rise since Trump’s election,” by Evan Donovan that aired on WLOS News 13 in Asheville, North Carolina, on Jan. 26, 2017.
An excerpt follows:
A professor of law and women’s, gender, and sexuality studies at Wake Forest University School of Law said there is nothing Trump can do directly to eliminate the right to same-sex marriage.
Asked whether Trump can sign an executive order or direct Congress to pass a law outlawing same-sex marriage, Shannon Gilreath said, “that’s an emphatic ‘NO.’”
Gilreath said only a lawsuit challenging that right could undo the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, and even then, the court would likely have to change its makeup. The replacement for Justice Antonin Scalia, who died in February 2016, will likely be a conservative-leaning justice, according to comments Trump during the presidential campaign. The court’s 5-4 decision in Obergefell wouldn’t likely change with the same ideological makeup of the justices currently serving.