Nine U.S. States Move to Challenge Same-Sex Marriage Rights

Nine U.S. states have introduced measures aimed at challenging or overturning Obergefell v. Hodges, the landmark 2015 Supreme Court decision that legalized same-sex marriage nationwide. Lawmakers in these states argue that the ruling contradicts traditional legal interpretations of marriage, while LGBTQ+ advocacy groups warn that such efforts threaten civil rights.

The States Leading the Charge

The states leading these efforts include Idaho, Michigan, Montana, North Dakota, South Dakota, Missouri, Oklahoma, Tennessee, and Texas. Some of these states have introduced non-binding resolutions urging the Supreme Court to reconsider Obergefell, while others have proposed legislation to create separate marriage classifications for same-sex and opposite-sex couples.

In Idaho and North Dakota, lawmakers have passed resolutions calling for a Supreme Court review of Obergefell. These resolutions, while symbolic, reflect growing political momentum against federal marriage protections. Proponents argue that the 2015 decision overstepped the constitutional authority of individual states to define marriage.

Michigan lawmakers are also considering a similar resolution. Representative Josh Schriver has announced plans to introduce a measure urging the Supreme Court to overturn Obergefell, contending that the ruling conflicts with Michigan’s constitutional definition of marriage. In 2004, Michigan voters passed an amendment banning same-sex marriage, which was invalidated by the Supreme Court’s decision in 2015. (Source: Michigan Legislature)

The Push for ‘Covenant Marriages’

Some states, including Missouri, Oklahoma, Tennessee, and Texas, have taken a different approach by proposing bills to create “covenant marriages.” These marriages would be recognized as lifelong commitments with strict limitations on divorce and would only be available to heterosexual couples. Critics argue that such measures create a two-tiered marriage system, undermining legal equality for LGBTQ+ couples. (Source: Missouri Legislature)

The Influence of Conservative Groups

The push to challenge same-sex marriage rights has been heavily influenced by conservative organizations, such as MassResistance, which advocates for policies restricting LGBTQ+ rights. The movement gained renewed momentum after the Supreme Court overturned Roe v. Wade in 2022, signaling that longstanding legal precedents related to personal rights could be reconsidered.

Justice Clarence Thomas’ concurring opinion in the Dobbs v. Jackson Women’s Health Organization decision explicitly called for revisiting past rulings, including Obergefell. This statement has fueled concerns that same-sex marriage rights may be at risk. (Source: U.S. Supreme Court)

Legal Roadblocks and Federal Protections

Despite these state-level efforts, same-sex marriages remain legally protected under federal law. In 2022, Congress passed the Respect for Marriage Act, which requires all states to recognize same-sex marriages performed where they are legal. This legislation ensures that even if Obergefell were overturned, same-sex couples would still retain marriage rights in states where such unions are permitted. (Source: U.S. Congress)

Additionally, any attempt to overturn Obergefell would require a Supreme Court case challenging the precedent. With a conservative-leaning Court, some experts believe there is a possibility that such a case could be heard, though there is no immediate indication of this occurring.

LGBTQ+ Advocacy and Public Response

Civil rights organizations, including the Human Rights Campaign and the American Civil Liberties Union (ACLU), have strongly condemned these efforts, warning that they could roll back hard-fought protections for LGBTQ+ individuals. Public opinion polls indicate that a majority of Americans support same-sex marriage, making these legislative efforts potentially unpopular.

“These measures are part of a broader attempt to erode LGBTQ+ rights and undermine equal protection under the law,” said Kelley Robinson, President of the Human Rights Campaign. (Source: Human Rights Campaign)

What Happens Next?

While these state-level initiatives highlight ongoing political divisions, they remain largely symbolic for now. Even if resolutions urging the Supreme Court to overturn Obergefell continue to pass, they hold no legal force. However, they signal a growing conservative push to revisit the definition of marriage at the national level.

For now, same-sex marriage remains legal across the United States, but these legislative efforts serve as a reminder that civil rights protections can always be subject to political change.

Stay informed about legislative changes in your state by visiting official government websites like the U.S. Supreme Court and Congress.gov.

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