Amy Coney Barrett – Photo: United States Supreme Court
In her first televised interview since her 2020 confirmation, U.S. Supreme Court Justice Amy Coney Barrett appeared on CBS Sunday Morning to promote her new book, offering only vague commentary to host Norah O’Donnell in defense of the Court’s legitimacy when asked whether justices might overturn Obergefell v. Hodges.
Barrett was pressed on recent remarks from former Secretary of State Hillary Clinton, who told the Raging Moderates podcast that the Court will likely “do to gay marriage what they did to abortion” and “send it back to the states.”
Clinton was pointing to the Court’s 2022 Dobbs v. Jackson Women’s Health Organization ruling, which overturned Roe v. Wade and held that abortion rights are not guaranteed under the Constitution.
Asked to respond to Clinton’s comments, Barrett said, “I think people who criticize the court, or who are outside the court, say a lot of different things […] we have to tune those things out.”
The Supreme Court faces historically low approval among the American public. A September 2025 Pew poll found just 48% of Americans view the institution favorably, its lowest rating ever. A Gallup survey in July recorded even weaker support, with approval at only 39%.
Barrett is not seen as a guaranteed vote to overturn Obergefell. Many outlets describe her instead as a potential swing justice if the issue comes before the Court.
During the interview, O’Donnell noted a passage in Barrett’s book where she describes “the rights to marry” as “fundamental,” contrasting them with the “complicated moral debate” over abortion. Barrett was among the five justices who voted to overturn Roe.
Still, Barrett has pointed to Chief Justice John Roberts’ dissent in Obergefell. In a November 2016 lecture before joining the Court, she told an audience his dissent argued that “those who want same-sex marriage, you have every right to lobby in state legislatures to make that happen, but the dissent’s view was that it wasn’t for the court to decide.”
She then hinted the door could be open to overturning the ruling, telling the same audience, “I think Obergefell, and what we’re talking about for the future of the court, it’s really a who decides question.”
The Supreme Court will soon decide whether to hear a case that could return same-sex marriage to the states. The petition was filed in August by Kim Davis, the former Kentucky clerk who gained international attention for refusing marriage licenses to same-sex couples after Obergefell.
U.S. Rep. Nancy Mace once cast herself as an LGBTQ-friendly Republican. She has since become one of Congress’s loudest opponents of transgender rights -- and is now echoing a familiar refrain used by opponents of same-sex marriage on social media.
"Adam and Eve, not Adam and Steve," wrote Mace on X, repeating a long-used slogan that mocks same-sex relationships as “abnormal” and frames homosexuality as contrary to the Bible. The South Carolina congresswoman is currently running for governor.
A community note soon appeared under Mace’s post, pointing out that she voted twice for the Respect for Marriage Act -- once during its initial passage, and again when the House approved the Senate’s version. The 2022 law requires both federal and state governments to recognize same-sex marriages performed in states where they’re legal.
U.S. Customs and Border Protection (CBP) has begun enforcing a new rule requiring airlines to ignore any "X" gender markers on passports and instead enter either "M" or "F" for all passengers.
Announced in a July 7 bulletin, CBP said the rule stems from an earlier executive order by former President Donald Trump aimed at eliminating recognition of transgender identities. The directive took effect on July 14, with airlines given 90 days to comply before full enforcement.
Now in effect, the rule has sparked widespread concern over how it will be implemented in practice.
The Minnesota Supreme Court has ruled that USA Powerlifting discriminated against a transgender woman by barring her from competition, while sending part of the case back to a lower court for further review.
JayCee Cooper, the transgender athlete at the center of the case, was denied entry into two women's competitions in 2018. At the time, she was taking hormone therapy to lower her testosterone levels and applied for a medical exemption, since the drug was banned by the World Anti-Doping Agency. That exemption request revealed her transgender status to USA Powerlifting, which then refused to let her compete.
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