Nine US States Push to Challenge Equal Marriage Rights

In a concerning development for LGBTQ+ rights, at least nine US states have introduced measures that could potentially overturn the Supreme Court’s landmark 2015 decision in Obergefell v Hodges, which legalized same-sex marriage across the nation.

The call to overturn the ruling, which has been a cornerstone of marriage equality in the United States for nearly a decade, has surfaced in various forms across these states. Notably, five of these measures, including a resolution that surfaced in Michigan on February 25, directly urge the Supreme Court to reconsider its decision that granted equal marriage rights.

According to reports from NBC News, the states actively pursuing legislation to reverse the historic ruling include Idaho, Michigan, Montana, North Dakota, and South Dakota. Should these initiatives succeed, the authority to regulate same-sex marriage would revert to individual states. This could lead to Republican-dominated states implementing bans on equal marriage, reminiscent of the aftermath seen when the Supreme Court overturned Roe v Wade in 2022. Following this decision, several states swiftly moved to ban abortion outright, illustrating the potential precedent for similar actions against marriage equality.

In addition to these direct challenges, lawmakers in Missouri, Oklahoma, Tennessee, and Texas have introduced bills aimed at redefining marriage under state law. These proposals do not explicitly mention Obergefell v Hodges but aim to establish a new category known as "covenant marriage," which would be restricted to unions between one man and one woman.

Polling by Gallup indicates a slight decrease in support for equal marriage among the American public, down from a high of 71% in 2022 to 69% in 2024. This shift, though marginal, signals the growing divide and the potential impact of these legislative measures.

Human rights advocates have voiced strong opposition to these developments. Sarah Warbelow, Vice President for Legal Affairs at the Human Rights Campaign, described the efforts as "cruel" and emphasized the need for vigilance in protecting the rights of same-sex couples. She highlighted the protections afforded by the Respect for Marriage Act, a Biden-era legislation which ensures that marriages valid in a couple’s home state are recognized nationwide.

"Extremist attacks have become de rigueur, and LGBTQ+ Americans are justified in their concern over this escalation," Warbelow stated. "Despite these state resolutions, the guaranteed federal protections under the Respect for Marriage Act remain untouchable. These resolutions cannot dismantle the marriage equality secured at the federal level."

Michigan's Battle Over Marriage Equality

Amid these challenges, Michigan has become a focal point in the battle over marriage equality. House Democrats in Michigan recently convened to denounce a resolution introduced by Republican Representative Josh Schriver, which calls for the Supreme Court to reconsider the Obergefell v Hodges decision.

Michigan Attorney General Dana Nessel, a prominent figure in the fight for LGBTQ+ rights and the state’s first openly LGBTQ+ attorney general, reacted to the resolution with defiance. In a symbolic gesture, she posted a photo of a wedding ring on social media, accompanied by the provocative caption: "Come and get it."

Recalling her personal history with the issue, Nessel noted, "Ten years ago, I brought a Michigan case which reached 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."

The renewed efforts to challenge equal marriage rights underscore a broader campaign that threatens to erode hard-won victories for the LGBTQ+ community. As states navigate this contentious landscape, activists and allies continue to mobilize, striving to ensure that the progress achieved over the past decade is not undone.

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