Does Obergefell Survive the Reasoning of Dobbs?

 Assuming same-sex marriage is not objectively, deeply-rooted in American history and tradition--and thus the Court's decision in Obergefell fails to validly recognize a new SDP fundamental right--does the opinion nevertheless survive under stare decisis. The Dobb's Court limited the reach of its decision to Roe and Casey and said this:

The abortion right is also critically different from any other right that this Court has held to fall within the Fourteenth Amendment’s protection of “liberty.” Roe’s defenders characterize the abortion right as similar to the rights recognized in past decisions involving matters such as intimate sexual relations, contraception, and marriage, but abortion is fundamentally different, as both Roe and Casey acknowledged, because it destroys what those decisions called “fetal life” and what the law now before us describes as an “unborn human being."

So, the harm caused by an erroneous decision creating an abortion right is great. 

Is there any harm caused by the Court's decision in Obergefell to re-define the historic understanding of marriage and require all 50 states to recognize same-sex marriages? Think about this and we will discuss it next week in class.