“American voters, and to some extent the American media, don’t understand how many years the Republicans have been working in order to get us to this point,” Clinton said. “It took 50 years to overturn Roe v. Wade. The Supreme Court will hear a case about gay marriage. My prediction is they will do to gay marriage what they did to abortion. They will send it back to the states.”

@thetnholler

WATCH: @HillaryClinton predicts to @JessicaTarlov that SCOTUS will overturn marriage equality and “send it back to the states” (like abortion) — leading to a ban in much of 🇺🇸 On Trump & Republicans stealing seats: “they don’t want a fair fight” Full: https://youtu.be/L4h9wllCtLo?si=QSnQgAPUvel8b9HI

If the Supreme Court reverses Obergefell , marriages between same-sex couples will still be recognized federally under the Respect for Marriage Act. Signed into law by President Joe Biden in 2022, the act mandates that the federal government recognizes same-sex and interracial marriages, and that all states recognize those performed in other states. 

The act does not require states to allow marriages between same-sex couples. As state bans on these unions were struck down in Obergefell, such bans could be enacted again if Obergefell is overturned. If that were to happen, the fallout would likely be similar to that after Roe v. Wade‘s reversal, in which red states immediately enacted bans.

While the Supreme Court has made no official move to reconsider marriage equality, nine states have recently introduced resolutions asking the court to hear the case again. None have yet passed, and even if they were to, the resolutions are nonbinding — meaning they carry no legal weight, and the court is not obligated to hear them.

However, some justices have voiced opposition to Obergefell even after the ruling. When the conservative majority created by Donald Trump overturned Roe v. Wade, Clarence Thomas wrote in his concurring opinion at the time that the court should also revisit and overrule decisions that prevent state restrictions on contraception, marriage equality, sodomy, and other private consensual sex acts, calling the rulings “demonstrably erroneous.”

“Anybody in a committed relationship out there in the LGBTQ community, you ought to consider getting married,” Clinton continued. “‘Cause I don’t think they’ll undo existing marriages, but I fear that they will undo the national right.”