Big 10: Constitutional law experts on what's next for Supreme Court
UVA Law Faculty Affiliations
"As a constitutional matter, Dobbs provides a clear opening for overturning Obergefell and returning the regulation of marriage to the democratic process. In fact, if the Court is consistent in its textualist interpretation of the Constitution, there does not seem to be a clear path for protection marriage as a fundamental right under the Due Process Clause.
"Just as the Constitution does not say anything about abortion, it also does not say anything about marriage. Thus, from a constitutional perspective, I would not be surprised at all if the Court held that marriage and, particularly, the right of same-sex partners to marry is not a fundamental right under the Due Process Clause.