Equality LGBTQIA FAQ
All married couples are entitled to have their marriage recognized.
• The U.S. Supreme Court on June 24, 2022, Dobbs v. Jackson Women's Health Organization decision effectively ended the constitutional right to abortion that had been established by Roe v. Wade in 1973.). This decision overturned the precedent set by Roe v. Wade and Planned Parenthood v. Casey (1992), which had affirmed a woman's right to choose an abortion. As a result, states are now free to regulate
or ban abortion without any federal restrictions.
• The concern with Dobbs is the concurring opinion of Justice Clarence Thomas in which he states that
Obergefell v Hodges should be overruled.
• Virginia (Art. 1, Sec. 15-A; Marshall Newman Amendment Nov. 2006) defines marriage as between a man and a woman.
• Maryland Constitution is silent on the issue. However, the statutory law defines “valid marriages” in Maryland:
Maryland Family Law § 2-201 (Valid Marriages): “Only a marriage between two individuals who are not otherwise prohibited from marrying is valid in this State.” That replaced earlier language that limited valid marriages to between “a man and a woman.”
• Like Maryland, the DC Constitution is silent on the issue. However, the D.C. Code provides a clear definition:
Under D.C. Code § 46-401(a) (“Equal access to marriage”):
“Marriage is the legally recognized union of 2 persons. Any person may enter into a marriage in the District of Columbia with another person, regardless of gender, unless the marriage is expressly prohibited by § 46-401.01 or § 46-403.”
• In addition to the concerning language in Dobbs,
there are concerns that other US Supreme Court
rulings present as not LGBT friendly (303
Creative LLC v. Elenis (2023), Department of
Education v. Louisiana (2024), United States v.
Skrmetti (2024–2025), Mahmoud v. Taylor
(2025)). These cases reflect a trend where the
Supreme Court's decisions are perceived to favor
religious and free speech claims over anti
discrimination protections for LGBTQ+
individuals.
• This creates more concern as to whether
SCOTUS might undo marriage equality