Right-wing media claims gay marriage is not at risk. They said the same about Roe v. Wade. – Media Matters for America

In reaction to clear signs that the Supreme Court may take aim at marriage equality after overturning Roe v. Wade, right-wing media outlets are employing the same tactics they previously deployed against Roe by denying that the precedent protecting gay marriage is at risk while simultaneously calling for it to be repealed. 

On June 24, the Supreme Court issued a ruling in Dobbs v. Jackson, overturning Roe v. Wade, Planned Parenthood v. Casey, and the long-held precedent guaranteeing federal protection for abortion rights nationwide. As part of the ruling, Justice Clarence Thomas released a concurring opinion calling for the court to “reconsider” several other cases, namely those protecting same-sex sexual activity, access to contraception, and gay marriage. Both Thomas and Justice Samuel Alito have also previously expressed an interest in overturning Obergefell v. Hodges (the case establishing protections for same-sex marriages). Conservatives have already seized on the ruling to attack LGBTQ rights, with Alabama citing Dobbs 14 times in a recent court filing presented in support of the state’s ban on gender-affirming care for trans youth. 

Yet in the aftermath of the ruling, right-wing media have attempted to dismiss the genuine possibility that Obergefell could face the same fate as Roe, reflecting their earlier push to downplay the risks to Roe. Meanwhile, many right-wing outlets, including some of the same ones denying gay marriage is under threat, have called for Obergefell to be repealed. 

Right-wing media claim ruling overturning Roe does not put marriage equality at risk 

The majority decision in Dobbs stated that the ruling did not set precedent for other cases unrelated to abortion. However, Thomas used the ruling to push for reconsideration of three other cases — Lawrence v. Texas, which struck down any remaining laws against same-sex sexual activity; Griswold v. Connecticut, which set the precedent protecting access to contraceptives; and Obergefell. Despite Thomas’ opinion and Alito’s previous statement suggesting support for overturning marriage equality, right-wing media argued that the precedent in the Dobbs ruling does not jeopardize Obergefell. 

On June 24, Fox News guest Carrie Severino accused Democrats of “fearmongering” about the threat to marriage equality, adding, “Please don’t pretend that it’s going to have an impact on every other case in our society because it simply doesn’t.” That night, Fox News’ Tucker Carlson similarly called the threat to marriage equality a “fearmongering talking point” and claimed President Joe Biden is “a liar” for noting the threat the ruling poses to the Obergefell. Other Fox News personalities continued to push the claim that the Dobbs ruling exists in a vacuum and would not effect rights like gay marriage or contraception. They were joined by Newsmax’s show American Agenda, during which host Heather Childers called warnings by protesters and activists “fearmongering” and guest Erin Elmore of Turning Point USA claimed that “the left is using fear in saying what’s going to happen to gay marriage or interracial marriage or the right to contraception.”