Bloomberg Law

Same-Sex Marriage & 'War' on Judges

Nov 11, 2025
Columbia Law School Professor Suzanne Goldberg, a leading expert on sexuality and gender law, discusses the Supreme Court's refusal to hear a same-sex marriage challenge, emphasizing the need for vigilance despite current protections. Bloomberg Law reporter Suzanne Monyak then delves into the Deputy Attorney General's controversial call for a 'war' on judges, touching on the implications of politicizing the judiciary and the increasing threats faced by judges. Both guests highlight significant developments that shape the landscape of legal rights and government accountability.
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INSIGHT

Marriage Equality Denial Isn't The End

  • The Supreme Court denied Kim Davis's petition but the broader challenge to Obergefell persists as a strategic effort to destabilize marriage equality.
  • Suzanne Goldberg warns vigilance is needed because precedent overturns like Dobbs show long-term risks to rights.
ANECDOTE

Kim Davis's Refusal And Litigation

  • Kimberly Davis, a county clerk, refused to issue a marriage license citing God's authority and was overridden and required to issue it.
  • She then litigated for years claiming her government role allowed religious refusals to citizens seeking licenses.
INSIGHT

Practical Costs Of Reversing Obergefell

  • Overturning Obergefell would create administrative chaos and deny long-established reliance interests of nearly 800,000 couples.
  • Goldberg notes states could still protect rights, but removal of constitutional protection would let hostile states rescind them.
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