Federalist Radio Hour The Children-First Case To Overturn Obergefell
Feb 6, 2026
Katy Faust, founder and president of Them Before Us who fights for children’s rights in family law. She argues Obergefell reshaped marriage in ways that hurt kids. She discusses shifting public opinion, flaws in research on same-sex parenting, rising youth LGBTQ ID trends, and the Greater Than campaign’s strategy to reframe law and mobilize courts, public opinion, and churches around children’s claims.
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Obergefell Reframed Marriage Around Adults
- Obergefell reframed marriage around adult dignity and detached it from children's interests.
- That shift produced legal and cultural changes affecting how parenthood and children's rights are defined.
Public Support Has Recently Declined
- Public support for gay marriage among Republicans peaked then dropped about 16% recently.
- Faust links that decline to backlash over transgender issues and broader recognition of harms to children.
Global Legal Trends Weaken Parental Primacy
- Countries legalizing same-sex marriage have not simultaneously reinforced children's right to both mother and father.
- Many have weakened or removed legal expectations that children belong to a mother and father.