In recent months, lawmakers in at least nine U.S. states have introduced measures challenging the rights of same-sex couples to marry. These legislative efforts aim to overturn or undermine the 2015 Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide.

While marriage equality has been widely accepted in many parts of the country, these new state-level proposals highlight a growing effort by conservative lawmakers to roll back these rights.

State-Level Initiatives

Michigan: State Representative Josh Schriver introduced a resolution urging the U.S. Supreme Court to reconsider and potentially overturn Obergefell v. Hodges. Schriver argues that the ruling conflicts with the sanctity of marriage and the Michigan Constitution. His proposal has gained attention, particularly because of his history of controversial remarks on social media, which recently cost him a committee assignment and staff support. 

Idaho: The Idaho House passed a resolution calling for the reversal of Obergefell, claiming the decision contradicts the U.S. Constitution and harms religious liberty. The resolution passed with a 46-24 vote, showing strong support among conservative lawmakers.

North Dakota: The North Dakota House approved a similar measure with a 52-40 vote, reflecting a growing movement among state legislators to challenge the federal mandate on marriage equality. While these resolutions do not have the power to change the law immediately, they send a strong political message to the Supreme Court and other conservative lawmakers across the country.

In addition to these three states, Montana, South Dakota, Missouri, Oklahoma, Tennessee, and Texas have introduced similar resolutions or bills that indirectly target same-sex marriage rights.

Covenant Marriage Proposals

Several states, including Missouri, Oklahoma, Tennessee, and Texas, have introduced bills promoting a legal concept known as “covenant marriage.” This type of marriage, currently recognized in a few states, requires couples to undergo premarital counseling and accept more restrictive grounds for divorce. While it is presented as a way to strengthen traditional marriage, the wording of these proposals defines marriage strictly as a union between one man and one woman, effectively excluding same-sex couples from legal recognition.

Covenant marriage laws would create a new legal framework that, while not directly outlawing same-sex marriage, would make it difficult for LGBTQ+ couples to receive equal legal protections. This move is seen by advocates as an indirect attack on marriage equality that could set a precedent for further restrictions.

Implications and Responses

These legislative actions have raised concerns among LGBTQ+ advocates, who view them as attempts to erode marriage equality and potentially pave the way for a broader rollback of LGBTQ+ rights. While these state-level resolutions and bills do not have the power to overturn Supreme Court decisions, they reflect a strategic effort to prompt the Court to revisit and possibly reverse its stance on same-sex marriage.

Legal experts warn that if Obergefell were overturned, the legality of same-sex marriages would be determined by individual states. This could lead to a confusing patchwork of laws, where same-sex couples married in states recognizing their unions might face legal challenges when moving to states that do not.

Public opinion on same-sex marriage has evolved significantly over the past decade, with a majority of Americans now supporting marriage equality. However, these recent legislative efforts indicate that the issue remains contentious in certain regions, underscoring the ongoing debate over LGBTQ+ rights in the United States.