What Happens If the Trumpified Supremes Overturn Roe and Obergefell

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Associate Supreme Court Justices Neil Gorsuch and Anthony Kennedy at a White House Rose Garden ceremony

President Donald Trump’s appointee to succeed Justice Anthony Kennedy on the Supreme Court, if confirmed, could conceivably provide the fifth vote to overturn the right to an abortion and the right to a same-sex marriage. Should that happen, the legality of abortion and same-sex marriage would be up to each of the states. It’s worth noting, by the way, that California legalized abortion in 1967, and that the bill was signed into law by then-Governor Ronald Reagan—before the Republican Party had become dependent on evangelical voters.

The following two charts show the legal status of abortion and same-sex marriage in each of the states and the District of Columbia if the Court reverses Roe and Obergefell. 

—The Editors

 

 

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