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Despite the Supreme Court legalizing same-sex marriage (Obergefell v. Hodges) less than a decade ago, LGBTQ+ rights remain under threat from extremist judges. Since Obergefell, there are three new MAGA justices on the Court, meaning nothing is settled law. For example, in his 2022 concurrence in Dobbs v. Jackson Women’s Health Organization, Justice Clarence Thomas went as far as questioning whether Obergefell should still be considered good law in light of the Dobbs ruling. 

Extremist judges who have made radical statements and issued harmful decisions, like those featured below, cannot be trusted to rule with the best interests of the public in mind. And the public agrees–over 70 percent of Americans across the political spectrum believe that judges have too much power over our laws and regulations. This power allows rogue judges to enact policies through the courts that would never pass through other legislative means. 

This is not how our democracy is meant to function–we need more fair-minded judges on the courts who will rule to protect our rights and freedoms, not eliminate them. 

Judge Kyle Duncan – Fifth Circuit 

  • In an interview, Duncan warned against society’s growing acceptance of LGBTQ+ individuals, “We are seeing…a rapid movement towards sort of general cultural acceptance of of homosexuality and homosexual practices and also at the same time you’re seeing a rapid move towards marginalizing people who adhere to a traditional view of human sexuality and marriage.” Also while on the bench, Duncan has refused to refer to trans individuals by their preferred pronouns. 

Judge Gregory Katsas  – D.C. Circuit

  • Served as Deputy Counsel in the White House Counsel’s office during the Trump administration, including working on Trump’s ban on transgender individuals from serving openly in the military. Katsas also has been highly critical of Obergefell. 

Judge Lawrence VanDyke – Ninth Circuit

  • In the American Bar Association’s strongly worded “not qualified” rating for VanDyke, the ABA noted, “Some interviewees raised concerns about whether Mr. VanDyke would be fair to persons who are gay, lesbian, or otherwise part of the LGBTQ community. Mr. VanDyke would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community.”

Judge J. Campbell Barker – Eastern District of Texas

  • As Texas’s Deputy Solicitor General, Barker worked on several amicus briefs which sought to undermine LGBTQ+ rights, including one for Masterpiece Cakeshop v. Colorado Civil Rights Commission. The brief argued that businesses should have the right to discriminate against LGBTQ+ individuals. 

Judge Matthew Kacsmaryk – Northern District of Texas

  • In his writings, Kacsmaryk described being transgender as a “mental disorder” and called homosexuality “disordered.” 

These statements show clear bias against LGBTQ+ individuals from judges across the country. Unfortunately, attacks on LGBTQ+ equality are likely to continue to be heavily litigated moving forward. If right wing extremists are able to get the cases in front of the MAGA justices, we could easily see rights for LGBTQ+ individuals rolled back. Already in the Court’s upcoming term, they are set to hear arguments in United States v. Skrmetti, a case involving an anti-trans law out of Tennessee.

American law is being distorted due to blatant activists like these on the bench. The public deserves a fair-minded judiciary that is in step with their values, not one that seeks to force a far-right ideology on the entire country.