US States Are Trying to Overturn Equal Marriage: What’s Happening and What It Means

Obergefell v. Hodges is the 2015 U.S. Supreme Court ruling that legalized same-sex marriage nationwide by declaring it a constitutional right. In recent years, some conservative U.S. states have launched efforts to overturn or undermine this landmark decision. Below, we break down which states are leading the charge, what motivates them, the legal arguments they’re using, the status of these attempts, and what could happen if the Supreme Court revisits or overturns Obergefell.

Lawmakers in Idaho, Michigan, Montana, North Dakota, and South Dakota have introduced formal resolutions urging the Supreme Court to overturn Obergefell v. Hodges and allow states to reinstate bans on same-sex marriage. These resolutions do not carry legal weight, but they serve as political statements to pressure the courts and rally support for repealing marriage equality.

• Idahos House of Representatives passed a resolution by a vote of 46-24, calling on the Court to “restore the natural definition of marriage” as between a man and a woman.
• North Dakotas House approved a similar resolution, passing 52-40, explicitly calling for Obergefell to be reversed.
• Michigans legislature introduced a resolution titled the Resolution to Restore Marriage, though it faces opposition in the states Democrat-controlled Senate.

Other states, including Missouri, Oklahoma, Tennessee, and Texas, are taking a different approach by proposing covenant marriage laws, a form of marriage only available to heterosexual couples, designed to reinforce the idea that traditional marriage is distinct and preferable. Meanwhile, some conservative lawmakers in Oklahoma have gone even further, proposing tax benefits only for straight married couples who have biological children.

These efforts signal that several Republican-led states are eager to test the waters and potentially challenge the Supreme Courts ruling, preparing for a scenario where marriage equality is no longer federally protected.

The reasons:

1. Religious and Social Conservatism

Many lawmakers backing these resolutions argue that same-sex marriage is incompatible with religious values and the sanctity of marriage. They claim that Obergefell has led to religious persecution of those who oppose LGBTQ+ rights and that marriage should be defined according to traditional Christian beliefs.

2. States’ Rights & Constitutional Arguments

Opponents of Obergefell argue that the Constitution does not explicitly guarantee a right to same-sex marriage, and that the Supreme Court overstepped its authority in making it legal nationwide. These lawmakers claim that marriage laws should be decided at the state level, not by federal courts.

3. Partisan Politics and Culture Wars

Conservative politicians know that opposition to LGBTQ+ rights energizes their base, especially in deep-red states. These resolutions and bills allow them to score political points with right-wing voters ahead of the next election cycle, even if the measures dont immediately change the law.

The push to overturn Obergefell relies on three main legal arguments:

1. The “Originalist” Argument

Conservatives argue that same-sex marriage is not a right deeply rooted in U.S. history and that the Constitutions framers never intended for marriage to include same-sex couples. This mirrors the reasoning used by the Supreme Court in overturning abortion rights in 2022.

2. The Procreation Argument

Some lawmakers claim that the purpose of marriage is reproduction, and since same-sex couples cannot conceive children naturally, they should not have the same marriage rights. Critics point out that this argument ignores the reality that many straight couples also cannot or choose not to have children, yet they are still allowed to marry.

3. Religious Freedom & Morality

Some resolutions claim that Obergefell has led to increased discrimination against religious Americans, particularly wedding vendors and government clerks who refuse to recognize same-sex marriages. They argue that religious freedom should take precedence over marriage equality.

If the Supreme Court overturns or weakens Obergefell in a future ruling, the consequences would be significant:

1. Same-Sex Marriage Would Become Illegal in Many States
   Over 30 states still have old laws or constitutional amendments banning same-sex marriage that were invalidated by Obergefell. If the ruling is reversed, these bans could immediately go back into effect, leaving many LGBTQ+ couples without marriage rights in their home states.

2. Legal Uncertainty for Married Same-Sex Couples
   Couples already married might find themselves in legal limbo, especially if they move to a state where same-sex marriage is suddenly illegal. They could face difficulties with adoption, inheritance, and medical rights.

3. A Patchwork of Marriage Laws Across the U.S.
   The country would likely return to a state-by-state system, where LGBTQ+ Americans in blue states like California and New York would retain marriage rights, while those in red states like Texas or Florida might lose them.

4. “Marriage Tourism” & Potential Relocation
   Same-sex couples in states where marriage is banned might have to travel to other states to marry, much like what happened before 2015. Some couples may even move to LGBTQ-friendly states to secure their rights.

5. International & Diplomatic Fallout
   The U.S. would be the first major Western democracy to reverse marriage equality, which could embolden anti-LGBTQ+ governments abroad. It might also damage Americas reputation as a leader in human rights.

6. Public Backlash & Election Consequences
   Polling shows that over 70% of Americans now support same-sex marriage, meaning a Supreme Court ruling against Obergefell could provoke mass protests and political upheaval, similar to the fallout after abortion rights were overturned in 2022.

While Obergefell remains the law of the land for now, these state efforts signal that conservatives are laying the groundwork to challenge it. The Supreme Court has not yet agreed to hear any cases that could overturn Obergefell, but with a conservative majority on the bench, many fear that it could be next on the chopping block after abortion rights were stripped away. The President of U.S. Donald Trump has also signed a series of executive orders damaging the LGBTQ+ community. We have a list of them here

For now, LGBTQ+ advocates are urging people to stay vigilant, push for federal protections, and fight back against legislative attacks on equal marriage rights. The battle for LGBTQ+ equality in the U.S. is far from over.

References

• Riley, John. Republicans in 9 States Push to Overturn Gay Marriage. Metro Weekly, Feb. 27, 2025.
• Factora, James. Five States Are Urging SCOTUS to End Marriage Equality. Them, Feb. 26, 2025.
• Ring, Trudy. North Dakota GOP Advances Resolution Calling for End to Nationwide Marriage Equality. The Advocate, Feb. 25, 2025.
• Riley, John. Idaho GOP Urges Supreme Court to Overturn Gay Marriage. Metro Weekly, Jan. 12, 2025.
• Wolfkot, Kathrina S., and Munroe, Morgan. Voters in California, Colorado, and Hawaii Strike AntiMarriage Equality Constitutional Clauses. State Court Report, Oct. 21, 2024.
• Szymborski, Kathrina, et al. State Court Report Analysis of Obergefells Vulnerability Post-Dobbs.
• Council on Foreign Relations. Marriage Equality: Global Comparisons. Dec. 22, 2022.

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