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.
The Department of Justice has ordered prison inspectors to stop evaluating key protections created under the 2003 Prison Rape Elimination Act (PREA) that are designed to prevent sexual violence against transgender, intersex, and gender-nonconforming inmates.
As first reported by NPR, a newly disclosed memo says the change is part of an effort to revise PREA standards to comply with President Donald Trump’s January executive order denying federal recognition for non-cisgender identities.
According to the memo, detention centers undergoing PREA audits -- including federal and state prisons, juvenile facilities, and immigration detention centers -- will no longer be evaluated under the LGBTQ-specific standards meant to protect transgender, intersex, and gender-nonconforming inmates while the revisions are underway.
A year ago, the National LGBTQ Task Force was girding to "hold the line," in a sense. Donald J. Trump had just won the presidential election with a plurality -- 49.8% -- of the popular vote, setting the stage for a January inauguration that would install an administration expected to be oppressively hostile to the country's LGBTQ community, particularly the Transgender community, as well as efforts promoting diversity, equity, and inclusion.
The sweeping scope of that hostility, from discharging all Trans service members from the U.S. military to the pettiness of erasing rainbow crosswalks, transpired at breakneck speed.
A man shopping in the cereal aisle of an Alexandria, Virginia, Giant supermarket on Christmas Day was accosted by an angry woman who hurled anti-gay slurs at him while shoving his cart and placing her hands on him.
The confrontation was captured in a video later posted to TikTok. "Just got hate-crimed in the grocery store. TikTok do your thing," wrote the user, who goes by the handle @deonteiy.
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