“Could the future be such that I will lose the legal right to refer to myself as John’s widower?”
That’s what Jim Obergefell, the plaintiff in Obergefell v. Hodges, the Supreme Court case legalizing same-sex marriage, thought to himself when the court last week struck down another landmark ruling that recognized a constitutional right to abortion.
Obergefell won his case in 2015 after suing Ohio for not being able to be listed as his husband’s surviving spouse on his death certificate due to the state’s ban on same-sex marriage. NotedDC talked to Obergefell about what he thinks the ruling overturning Roe v. Wade could mean for other rights recognized by the court:
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In Clarence Thomas’ opinion, he wrote that “in future cases, we should reconsider all of this Court’s substantive due process precedents,” explicitly naming Obergefell v. Hodges. You predicted this when Politico published the leaked draft of the majority opinion in May, but what was your reaction when this opinion came out?
I got past the anger at what the Supreme Court has done by taking away a right it had previously affirmed and by this gross intrusion into privacy and to the rights of a pregnant person, of a woman, to make decisions about their own body. Then I found snippets of this concurring decision from Thomas and it angered and infuriated me.
Here is a justice on the highest Court in the land, putting targets on rights that we have enjoyed and rights that we have come to rely on. And a woman should have the right to birth control. A woman or a pregnant person deserves the right to make decisions that impact their own body without this gross government intrusion into their privacy.
I find it appalling that a Supreme Court justice, whose own marriage would have been illegal in many states across this country until 1967, I find it unconscionable that he would continue to attack the relationships, the marriages, the families of hundreds of thousands of people across this country.
What do you think it says about his intent of targeting same-sex relationships in his opinion?
The fact that he is specifically calling out to opinions that are central to the queer community tells me that he is not a justice who can apply law, interpret law, and make decisions, free from animus against someone who is different from him. I believe this is purely driven by his personal dislike for the LGBTQ+ community.
You’re running for the Ohio House of Representatives in a district that is held by a Republican. How do you think this ruling will mobilize voters?
My hope is that it does mobilize people because I look at this decision as the proof of what we have tried to get across to people back in the 2016 presidential elections. I talked about this. Lots of other people talked about this, about the importance of voting and voting for the candidate that most closely matches your values, to make sure that the Supreme Court would be composed of justices who actually reflect our nation the way we look and the values we hold.
Polls show that a majority of Americans support marriage equality. Polls shows that a majority of Americans support a woman’s right to an abortion. But we have an extreme right-wing court because people didn’t vote and that allowed an extreme minority to take the White House and to create the Supreme Court that doesn’t reflect us. So my hope is that it is a wake-up moment for a lot of people to realize, “I have got to be involved. I’ve got to be aware of what’s happening and I’ve got to vote in every single election.”
How should Democrats be balancing their attention on state vs. national races now, given the ruling?
At the state level, we have an opportunity to pass legislation to protect the rights that we believe in, and that poll shows what we as Americans believe in. So at the state level, we can do that. But it’s also by voting at the state level, you are putting into office a governor, a legislature, people who share your values.
We also have to push in my opinion, we have to push our members of Congress to also do the right thing. And don’t just say you believe in human and civil rights, take action, even if you’re not sure it’s going anywhere. We look to Congress to actually propose bills and to attempt and hopefully succeed, but at least attempt to pass federal legislation that protects these rights. Because these rights are fundamental to who we are as human beings.
Do you think Democrats in leadership positions, like President Biden and Majority Leader Charles Schumer, are meeting the moment? And what more do you think can be done?
I look to leadership in the Democratic Party to live our values and to live our values by being clear and strong and insistent that these are the values America is supposed to represent. These are the values we as a party or we as individuals, we as people believe in and will fight for. I want to see them making those statements and showing us that they are fighting for those things.
And what does that look like? That’s a great question. Honestly, I don’t know exactly what that looks like. We need to see them. They need to be clear and insistent, and consistent that these are the values that this country is supposed to represent and these are the values that they believe in and will fight for. I want to see that. I want to see that from all levels of government.
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Weapons, tussling & ketchup: J6 hearing takeaways
The committee investigating the Jan. 6, 2021 attack on the Capitol heard perhaps its most explosive testimony on Tuesday from Cassidy Hutchinson, a former top aide to then-Trump White House chief of staff Mark Meadows.
Hutchinson delivered a gripping account of multiple exchanges behind the scenes as the riot unfolded. Here are some of takeaways from Tuesday’s bombshell testimony:
1. Trump allegedly had a physical altercation with a Secret Service agent
Hutchinson testified under oath that then-President Trump tried to go to the Capitol on Jan. 6, claiming he went so far as to lunge at a Secret Service agent who was driving the presidential automobile and saying Trump tried to grab the steering wheel.
“I’m the f-ing president. Take me up to the Capitol now,” she testified Trump told his security, who informed him he needed to go back to the West Wing out of security concerns.
2. Trump knew Jan. 6 attendees were armed
According to Hutchinson, Trump knew attendees at a rally at the Ellipse, near the White House, were armed and was annoyed by searches for weapons among his supporters.
“I was in the vicinity of a conversation where I overheard the president say something to the effect of, ‘I don’t f—— care that they have weapons. They’re not here to hurt me. Take the f—— mags away,’” Hutchinson testified, referring to magnetometers used by Secret Service to scan for weapons.
3. Meadows and Giuliani requested pardons from Trump, witness says
Hutchinson testified that her former boss, Mark Meadows, and former Trump legal adviser Rudy Giuliani asked Trump for pardons following the Capitol riot.
“Mr. Meadows did seek that pardon, yes ma’am,” Hutchinson told Rep. Liz Cheney (R-Wyo.), the committee’s vice chair, when asked about a possible pardon. Hutchinson also confirmed Giuliani’s own request.
4. ‘There was ketchup dripping down the wall’
According to Hutchinson, Trump allegedly responded to Attorney General Bill Barr’s interview with The Associated Press in December 2020 — in which he said that the election was free of widespread fraud — by throwing his meal against the wall.
“I first noticed there was ketchup dripping down the wall, and there was a shattered porcelain plate,” Hutchinson testified to the House panel, adding she helped an aide clean it up.
5. More coming
While Tuesday’s testimony was certainly explosive, committee vice chair Liz Cheney (R-Wy.) previewed that the committee’s upcoming hearings will show more about how people pleaded with Trump’s inner circle to try to quiet the storm.
Cheney, a vocal Trump critic, has flexed her muscle in the hearings so far. During one point of the hearing Tuesday, Cheney played video showing her asking questions of Trump’s former national security adviser Michael Flynn, who repeatedly invoked the Fifth Amendment rather than answer whether he believed the election was settled and whether he believed in a peaceful transfer of power.
Trump responded to Tuesday’s hearing via his new social media site Truth Social, dismissing Hutchinson in particular and calling her “phony.” In one post, he wrote: “Her body language is that of a total bull…. artist. Fantasy Land!”
The panel’s next hearings will pick up in July after the Independence Day break.
Jan. 6 takes spotlight in Colorado primaries
Colorado’s GOP primaries Tuesday will include a focus on former President Trump’s efforts to overturn the 2020 election, with Democrats hoping to capitalize on the issue heading into November.
The Hill’s Max Greenwood reports that Democratic-linked groups have spent big in the GOP Senate primary seeking to boost state Rep. Ron Hanks, who attended the Jan. 6 rally preceding the riot and spread Trump’s false voter fraud claims.
- Why it’s important: Democrats think Hanks would be easier to beat in a general election as opposed to a more moderate candidate such as Joe O’Dea, who runs a construction company and supports abortion rights.
- Whoever wins will face Sen. Michael Bennet (D), the heavy favorite heading into the fall.
The GOP race for secretary of State features Tina Peters, a Colorado county clerk who faces legal battles after she attempted to undermine the mail-in voting system. Peters hasn’t backed down on her claim that the election was stolen from Trump.
- Either Peters or one of the two other Republicans will face Democrat incumbent Jena Griswold in November, who now travels with a security detail because of the threats she receives for refusing to decertify the election results in 2020, according to The Washington Post.
How abortion fight could impact the youth vote
After a record number of young people voted in the 2018 midterm elections, Democrats have tried to harness and build that enthusiasm for an even greater turnout this November.
Activists say the Supreme Court overturning Roe v. Wade may be their best bet.
“We have seen major national moments and issues really spur youth mobilization,” said Alberto Medina, spokesperson for the Center for Information & Research on Civic Learning and Engagement (CIRCLE).
- A new CBS/YouGov poll found that 41 percent of people between the ages of 18 and 29 said they were now more likely to vote in November. The age group reported the highest support for abortion rights, with 78 percent saying they believe abortion should be legal in all or most cases.
- Medina said “nothing’s a given” since it ultimately comes down to the work that candidates’ campaigns and mobilization organizations do leading up to the elections.
Many candidates have already made abortion the hallmark of their campaigns, but now some progressive lawmakers, like Rep. Alexandria Ocasio-Cortez (D-N.Y.), argue that Congress and the White House needs to act to show voters that they really care about the issue.
- “The knee-jerk reaction to just tell people to vote — that is not enough,” said Carmel Pryor, the communications director for Alliance for Youth Action. “We need to treat this like the emergency that it is.”
Speaker Nancy Pelosi (D-Calif.) wrote on Monday in a Dear Colleague letter that she intends to bring several measures to the House floor to protect abortion, but they’re unlikely to survive in the Senate without abolishing the filibuster.
- “It’s either we can elect a Congress in November that codifies Roe into law or we can elect a Congress that cares more about regulating women’s bodies than guns,” said Grace Friedman, the communications director of Voters Tomorrow.
Even if young voters turn out in record numbers this November, President Biden, who has a complicated history in supporting abortion rights, may have an uphill battle in retaining them in a potential 2024 reelection bid, especially if he doesn’t respond to growing pressure from Democrats to explore a range of executive action on abortion.
The Hill’s Peter Sullivan writes that “the pressure is a test of how far Biden is willing to go on the issue with much of his party outraged and demanding action.”
So far, the White House isn’t suggesting they will put forward any far-reaching proposals.
Biden’s support among Gen-Z and Millennial voters has been waning, now at 34 percent, according to a new NPR/PBS/Marist College poll.
Fourth of July activities around the District this week
You can still partake in some summer festivities in Washington even if you’re leaving town for the holiday weekend. Here’s some pre-Fourth of July events:
- If you’re looking for something to do after work on Thursday and Friday before leaving town, head to the Smithsonian’s Folklife Festival on the National Mall.
- Several popular authors will perform live readings of their books on the Wilson Plaza at the Ronald Reagan Building and International Trade Center on Wednesday from 10 a.m. to 5 p.m.
- Jam out to Maggie Rose and Erin & The Wildfire at The Wharf on Friday to “Kick off the Fourth.”
- See some Fireworks at the end of the National’s game against the Miami Marlins.
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