A growing coalition of parents, activist groups, and others is organizing to put pressure on the Supreme Court to overrule its 2015 decision that legalized same-sex marriage nationwide.
The Greater Than campaign, which launched on Jan. 28, recasts the effort to repeal same-sex marriage as a push to restore the right of children to live in homes with a mother and a father.
Katy Faust, the social activist who runs Greater Than, said on the campaign’s website that restoring marriage as an institution that protects children requires helping Americans to see the natural link between traditional marriage and child protection.
The Obergefell Ruling
The move came months after the Supreme Court rejected a lawsuit seeking to reverse the 2015 Obergefell v. Hodges ruling. Obergefell holds that the 14th Amendment requires all states to grant licenses for same-sex marriages and recognize same-sex marriages carried out in other states.Conservatives were hopeful last year when the Supreme Court reviewed an appeal by Kim Davis, a former clerk in Rowan County, Kentucky, who, a decade ago, would not sign marriage licenses for same-sex couples.
Opponents of same-sex marriage had held out hope because three Supreme Court justices who dissented in Obergefell still serve on the high court.
In his 2015 dissent, Chief Justice John Roberts said policy-based arguments for same-sex marriage might have been “compelling,” but the legal arguments were not.
Roberts described the court majority as “five lawyers” who shut down the debate, “stealing this issue from the people.”
Faust told The Epoch Times that the decision has led to sweeping changes to the law and society.
“Obergefell is one of the biggest catalysts of child harm that we have seen in law,” Faust said.
Proponents, on the other hand, say Obergefell supports equality and has had a positive effect on society by allowing gay people to participate in the institution of marriage.
Christy Mallory, interim executive director of the Williams Institute at the University of California–Los Angeles School of Law, previously said, “Marriage equality has significantly benefited the lives and well-being of same-sex couples, their families, and the communities where they live.”
Tough Fight Ahead
Before the Greater Than campaign launched, Alliance Defending Freedom senior counsel John Bursch told The Epoch Times that Obergefell was not followed by the same kind of grassroots effort that followed Roe v. Wade (1973), which legalized abortion nationwide. Unlike Obergefell, Roe was overturned in 2022, which returned authority to individual states to regulate abortion.Bursch is a former solicitor general of Michigan and represented conservative states before the Supreme Court in 2015, when the justices heard oral arguments in Obergefell.
It will take many years of that same kind of hard work to persuade people that the one man-one woman definition of marriage is best for children and families before the Supreme Court “will have the appetite to revisit Obergefell,” Bursch said.
Congress also codified the Obergefell decision in 2022, underscoring the importance of public opinion.
Liberty Counsel Chairman Mat Staver, who represented Davis and whose group is a member of Greater Than, said he remains optimistic.
He said it is “just a matter of time before Obergefell gets overturned.”
Staver told The Epoch Times that Obergefell’s holding that having a mom and a dad is totally irrelevant to the well-being of children “goes against everything that we know, from empirical studies to just common sense.”
Robert Weissberg, professor emeritus of political science at the University of Illinois, was more skeptical, even though he said he supports overturning Obergefell “in the abstract sense.” He told The Epoch Times that he views the cause as “hopeless” because it is politically infeasible.
“The left has weaponized stigma,” and gay people have become a very important political constituency, he said.
Scientific Evidence
A spokesperson for GLAAD, formerly known as the Gay and Lesbian Alliance Against Defamation, dismissed the Greater Than campaign as “failed,” telling The Epoch Times that it is “filled with verifiable lies.”The few studies that actually employ robust methodology show that those “no difference” conclusions turn into “massive detrimental differences,” she told The Epoch Times.







