Nine US states have taken steps to overturn the Supreme Court’s 2015 ruling on Obergefell v Hodges, which legalized same-sex marriage nationwide.
Five measures, including one that was introduced in Michigan on Tuesday (25 February), are urging the Supreme Court to overturn the groundbreaking decision that granted marriage equality nationwide nearly ten years ago.
NBC News reports that several states, including Idaho, Michigan, Montana, North Dakota, and South Dakota, have introduced measures aimed at overturning the landmark Supreme Court case, Obergefell v Hodges.
If the landmark ruling is overturned, same-sex marriage rights would be determined on a state-by-state basis. This would allow Republican states to potentially ban equal marriage once again. A similar situation occurred when Roe v Wade was overturned in 2022. After the decision, states were given the power to enact their own laws, resulting in nearly a dozen states across the US banning abortion without any exceptions.
Lawmakers in Missouri, Oklahoma, Tennessee, and Texas have recently proposed bills regarding equal marriage. While these bills do not explicitly mention Obergefell v Hodges, their aim is to establish a new category of marriage known as “covenant marriage,” which would only be available to heterosexual couples.
According to a recent Gallup poll, support for equal marriage in the United States has experienced a slight decrease over the past year. In 2022, support reached its highest point at 71 percent, but has since dropped to 69 percent in 2024.
Sarah Warbelow, the vice president for legal affairs at the Human Rights Campaign, strongly criticized the efforts to erode same-sex marriage rights, labeling them as “cruel”.
According to Warbelow, the Respect for Marriage Act during the Biden era safeguards the rights of certain couples to have equal marriage. It ensures that any marriage recognized in the couple’s home state is also recognized by the US government and all states.
“Extremist attacks have become de rigueur, and LGBTQ+ Americans are right to be concerned about their escalation,” Warbelow told The Advocate.
“A majority of Americans of all political affiliations support marriage equality. Resolutions are not laws, and state legislatures lack the power to dismantle marriage equality. They cannot touch the guaranteed federal protections for same-sex couples under the Respect for Marriage Act.”
Michigan’s first openly LGBTQ+ attorney general, Dana Nessel, expressed her support for the legalization of same-sex marriage by sharing a photo of a wedding ring and boldly stating, “Come and get it.”
She added in a separate post: “10 years ago, I brought a Michigan case which landed at the US Supreme Court, legalizing marriage equality and adoption rights for same-sex couples nationwide.
“Today, Michigan House Republicans introduced a resolution to overturn those rights. I’m not giving up this fight and I hope you’ll join me.”
