Plaintiff in landmark same-sex marriage case says marriage equality is at risk

Jim Obergefell, the gay rights activist and named plaintiff in the 2015 Supreme Court case that legalized same-sex marriage nationwide, argued Wednesday that a constitutional right to marriage equality is at risk if the high court decides to overturn Roe v. Wade.

Earlier this week, a leaked draft opinion authored by conservative Justice Samuel Alito showed that the court was poised to overturn Roe, the landmark 1973 case that protects abortion rights nationwide, in a case concerning a strict Mississippi abortion law. Though Alito tries to make clear his opinion should not necessarily impact other cases, including Obergefell v. Hodges, Obergefell and legal experts say it could have that very impact.

"This decision, and what Alito has to say about marriage equality, is a clear call to anyone who opposes marriage equality, who opposes LGBTQ+ equality, that they have a friend on the court. More than one friend. And that they should be happy or they should be willing to come after marriage equality," Obergefell told CNN's Bianna Golodryga on "At This Hour."

Critics of Alito's draft decision believe that if the opinion is ultimately rendered, it will represent an opening salvo in a push to target other rights grounded in privacy and liberty. Critics also believe it would destabilize the law by rendering the legal doctrine of stare decisis -- the notion that courts should follow their precedents even if they disagree with them, to protect the cohesion of the law -- a dead letter.

Pressed on whether he believes Alito's caveat that the potential Roe reversal should not impact decisions like the one in his case, Obergefell said: "No, I do not. And, in fact, if you look back at the confirmation hearings for a minute, many of these justices for the highest court in the land, they all said that they considered Roe v. Wade, a woman's right to abortion, settled law. And yet, here we are."

"So those assurances, unfortunately, they fall on deaf ears," he added. "It doesn't make me feel comfortable. It doesn't make me feel safe. In fact, it terrifies me."