Republican lawmakers push to overturn Supreme Court’s same-sex marriage ruling

LOS ANGELES - Republican lawmakers in several states are pushing non-binding resolutions urging the Supreme Court to overturn Obergefell v. Hodges, the 2015 ruling that legalized same-sex marriage nationwide. 

The effort began in January when Idaho passed a resolution, followed by similar measures in Michigan, Montana, North Dakota, and South Dakota. While these resolutions lack legal authority, they signal a broader push by conservatives to challenge marriage equality protections.

What is Obergefell v. Hodges?

The backstory:

In 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marry, legalizing same-sex marriage nationwide. The 5-4 decision found that state bans on same-sex marriage violated the 14th Amendment’s Equal Protection and Due Process Clauses.

The case consolidated multiple lawsuits challenging state bans on same-sex marriage, with James Obergefell, an Ohio resident, as the lead plaintiff. The ruling required all 50 states to issue marriage licenses to same-sex couples and recognize valid same-sex marriages performed in other states.

Which states are pushing for the Supreme Court to revisit same-sex marriage?

Local perspective:

The push against same-sex marriage started in Idaho, where the state House passed House Joint Memorial 1, a resolution calling on the Supreme Court to reconsider Obergefell. The state Senate later approved the measure, making Idaho the first state to take this formal step.

Since then, similar resolutions have been introduced in at least four other states:

• Michigan: A resolution introduced by State Rep. Josh Schriver argues that marriage should only be between a man and a woman, claiming that same-sex marriage violates Michigan’s constitutional principles. The measure has been referred to the Committee on Government Operations but has not yet been voted on.
• North Dakota: A resolution urging the Supreme Court to overturn Obergefell passed in the state House with a 52-40 vote and now awaits a vote in the state Senate.
• Montana: A joint resolution opposing same-sex marriage was introduced but was later tabled in the Senate Judiciary Committee, halting its progress.
• South Dakota: A similar resolution was deferred to the 41st Legislative Day, a procedural move that effectively killed the measure for this session.

These efforts come after Supreme Court Justice Clarence Thomas, in a concurring opinion in the 2022 Dobbs v. Jackson Women’s Health Organization case, suggested that the Court should reconsider all substantive due process precedents, including Obergefell.

What’s driving this push to overturn Obergefell?

The other side:

Supporters of these resolutions argue that marriage laws should be determined by individual states, not the federal government. They claim that the Supreme Court overstepped its constitutional authority in Obergefell and that traditional marriage values should be protected.

In Michigan, Rep. Josh Schriver defended his resolution, stating:

"Michigan Christians follow Christ’s definition of marriage as a covenant between a man and a woman, an institution established to glorify God and produce children."

Idaho’s resolution also describes Obergefell as "illegitimate overreach", urging the Supreme Court to restore traditional marriage laws.

What do Americans think about same-sex marriage?

By the numbers:

Public opinion polling indicates that the majority of Americans support same-sex marriage. According to a 2024 Gallup poll:

• 69% of Americans believe same-sex marriage should be legal.
• 83% of Democrats support same-sex marriage.
• 74% of Independents support same-sex marriage.
• 46% of Republicans support same-sex marriage, a decline from previous years.

Despite declining support among Republican voters, same-sex marriage remains widely accepted across most demographics.

Could the Supreme Court overturn Obergefell?

What's next:

Although these state resolutions do not have legal power, they reflect a growing push among conservatives to challenge LGBTQ+ rights at the judicial level. The current Supreme Court has a conservative majority, and some justices—including Clarence Thomas and Samuel Alito—have previously criticized Obergefell as an overreach.

More than two dozen states still have laws banning same-sex marriage on the books, which could be reinstated if Obergefell is ever overturned. However, the Respect for Marriage Act, signed into law by President Joe Biden in 2022, ensures that same-sex marriages will continue to be federally recognized even if the Court revisits its ruling.

U.S.Politics