“I dont think Trump cares personally one way or another about homosexual marriage, but he has promised to defend religious liberty.”
The problem with Obergefell, is that if in the unlikely event that it would be overturned by the Supreme Court, there would exist a number of same sex marriages that currently exist that could not be invalidated.
If those marriages could not be invalidated, it would establish unequal classes among same sex couples and that walks itself directly into a violation of the 14th Amendment.
Why couldn’t they be invalidated? When laws were passed forbidding polygamy, the redundant marriages were anulled, but society didn’t collapse.
This has precedent. When Prohibition was passed as a constitutional amendment, those with stores of alcohol were “grandfathered” into a right to keep them. Similarly, churches and other religions using alcohol (wine) in their rituals could keep purchasing/making those beverages.
Were these brought up on charges of “equal protection?” That clause has been abused more than a ghetto “wife.”