Nine US states now have measures to try to overturn equal marriage
Marriage equality is firmly in the sights of conservative US politicians. (Drew Angerer/Getty Images)
At least nine US states have introduced measures to overturn the Supreme Court’s 2015 Obergefell v Hodges ruling that legalised equal marriage across the country.
Five of the measures, including one introduced in Michigan on Tuesday (25 February), are calling on the Supreme Court to overturn the landmark ruling that granted equal marriage rights across the country almost a decade ago.
According to NBC News, the states which have introduced measures explicitly seeking to reverse Obergefell v Hodges are Idaho, Michigan, Montana, North Dakota, and South Dakota.
If the landmark ruling is overturned, it would mean that same-sex marriage rights would be decided on a state-by-state basis, meaning Republican states could look to ban equal marriage once more. This was seen when Roe v Wade was struck down in 2022; after states were allowed to implement their own laws, almost a dozen around the US moved to ban abortion with no exceptions.
Lawmakers in Missouri, Oklahoma, Tennessee and Texas have introduced similar bills on equal marriage – these don’t specifically reference Obergefell v Hodges, but would seek to create a category for marriage called “covenant marriage” which would be only for one man and one woman.
Polling by Gallup has found that support for equal marriage in the US has dropped slightly in the past year, from an all-time high of 71 per cent in 2022, down to 69 per cent in 2024.
Campaigners have spoken out against the moves to chip away at same-sex marriage rights, with Human Rights Campaign’s vice president for legal affairs Sarah Warbelow describing the measures as “cruel”.
Warbelow explained that the Biden-era Respect for Marriage Act protects some couples’ rights to equal marriage – by assuring that any marriage valid in the couple’s home state is considered valid by the US government and will be recognised by every state.
“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.”
Now: Michigan House Democrats gather to slam a resolution that Rep. Josh Schriver, R-Oxford, plans to introduce today calling for SCOTUS to reconsider the decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide in 2015. pic.twitter.com/6FDu3IaJQF
— Jordyn Hermani (🔈: "HermanE”) (@JordynHermani) February 25, 2025
Dana Nessel, Michigan’s first out LGBTQ+ attorney general, posted a photo of a wedding ring when her state moved to overturn same-sex marriage, alongside the comment: “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.”
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