Plaintiff and defendant from Obergefell v. Hodges unite to oppose Barrett’s confirmation

Both namesakes of Obergefell v. Hodges, the landmark 2015 Supreme Court decision legalizing same-sex marriage, are opposing the confirmation of Judge Amy Coney Barrett to the court Tuesday.

“We ask the Senate to vote no on this nomination,” Jim Obergefell, who was the plaintiff in the case, said in a livestreamed press conference on Tuesday. “Judge Barrett’s well-known stances on marriage equality, trans equality and other issues represent a serious risk to our civil rights and our ability to form and protect our families.”

Rick Hodges, who represented the Ohio Department of Health in the case, said Barrett’s confirmation could jeopardize “all Americans [being] treated with full dignity and respect regardless of who they are or whom they love” and benefiting “equally and fully from government services.”

“I can’t stress enough how important I believe it is that the two opposing sides of such a momentous ruling can stand together as friends and defend the LGBTQ+ communities,” Obergefell said.

The two were joined by Democratic Sens. Sherrod Brown (Ohio), Patty Murray (Wash.) and Ron Wyden (Ore.).

The press conference, which was organized by LGBTQ rights organization Family Equality, comes amid concerns that a 6-3 conservative majority on the high court could put LGBTQ rights at risk.

Two of the dissenters in Obergefell v. Hodges, Justices Clarence Thomas and Samuel Alito, criticized the ruling earlier this month in another dissent after the court allowed a lawsuit against former Kentucky county clerk Kim Davis to proceed. Two gay couples are suing Davis for refusing to issue marriage licenses to them in 2015.

In the same conference, Brown expressed openness to expanding the Supreme Court, a strategy many on the left support. Democratic presidential nominee Joe Biden has previously said he is “not a fan” of the idea.

“Depending on what happens — what happens to the [Affordable Care Act], what happens to Roe v. Wade, what happens to marriage equality — all things are on the table,” Brown said.