CNN)When the US Supreme Court overturned Roe v. Wade, rolling back nearly 50 years of abortion rights, the threat of more to come cast a shadow on many, particularly those in the LGBTQ community
Justice Clarence Thomas' concurring opinion made clear the threat may be substantive. "In future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas wrote, referring to settled cases on contraception, sodomy and same-sex marriage, respectively.
But in his majority opinion, Justice Samuel Alito sought to tamp down fears about additional precedents being overturned, writing, "Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion."
roll back same-sex marriage or if the states act on their own to rescind rights or access to key services
"We know our families are worried. Frankly, we are, too. The court's willingness to overturn almost 50 years of Supreme Court precedent is truly alarming -- and the decision contains language that signals looming threats to other freedoms, like marriage, that are fundamental not only to LGBTQ+ people but to everyone," said Shelbi Day, chief policy officer at Family Equality, an organization that works to advance equality for lesbian, gay, bisexual, transgender and queer families.
These are steps LGBTQ Americans can take now to help secure protections for their relationships and families preemptively ahead of any court rollback in rights. There's no guarantee that LGBTQ rights will be taken away, but if they are, there is time to plan, Day said.
Understanding the landscape
It's important to get a handle on what the current laws are and what could potentially happen after the recent abortion ruling, Dobbs v. Jackson Women's Health Organization.
"What we urge LGBTQ+ families to remember is that while outrageous and concerning, the opinion in Dobbs -- and Thomas' invocation of Obergefell as 'next' -- does not mean that Obergefell will be overturned," Day said. "Marriage equality is still the law of the land."
What's more, leading legal experts said they believe that should the high court overturn Obergefell v. Hodges, the 2015 case that granted same-sex marriage federally, existing marriages may still be recognized.
"The consensus of opinion is that marriages which are valid at the time of entry should be secure and not subject to being voided," said Denise E. Seidelman, a founding partner at Rumbold & Seidelman, a legal practice that focuses on family and adoption law in New Jersey and New York. "Obviously that gives little solace to people hoping to marry in the future."
There are other looming legal threats for which LGBTQ people need to prepare, according to Day.
"The bigger issue will be challenges to the parentage of the nongenetically connected parent who is relying on their marital status to secure their parentage," Seidelman said.
That means names on a birth certificate or a marriage license may not be enough to determine legal parentage.
"To protect themselves, it's very important for same-sex couples to secure their parentage by obtaining a court order of adoption or order of parentage from a court since court orders are entitled to full faith and credit," Seidelman said. "Couples -- especially in hostile states -- should not rely on their marriage, or both being on the birth certificate, to secure their parental relationship to their child."