GOP Lawmakers in 9 States Take Measures to Challenge Same-Sex Marriage

Republican lawmakers in at least nine states have introduced measures seeking to challenge same-sex marriage rights, with several explicitly urging the Supreme Court to overturn its landmark 2015 Obergefell v. Hodges ruling.

Key Facts:

State lawmakers in Michigan, North Dakota, Idaho, Montana, and South Dakota introduced resolutions urging the Supreme Court to overturn Obergefell v. Hodges.
North Dakota’s House passed a resolution defining marriage as between a man and a woman, moving it to the Senate for further consideration.
Idaho’s House passed a similar resolution last month, 46-24.
Other states, including Missouri, Oklahoma, Tennessee, and Texas, proposed “covenant marriage” laws restricting certain marriage benefits to heterosexual couples.
The 2022 Respect for Marriage Act federally protects same-sex marriage, making a Supreme Court reversal more complex.

The Rest of The Story:

In Michigan, Rep. Josh Schriver and 12 Republican colleagues introduced resolution condemning Obergefell, calling it unconstitutional and harmful to religious freedom.

Schriver cited cases where businesses and adoption agencies faced legal consequences for refusing services to same-sex couples.

VIDEO: A visibly nervous Michigan State Rep. Josh Schriver (R-Oxford) introduces a resolution to condemn the Obergefell decision that legalized gay marriage nationwide.

“If we cannot conserve the bedrock of our civilization, the family, then we cannot call ourselves conservative… pic.twitter.com/045CfX5yAp

— Heartland Signal (@HeartlandSignal) February 25, 2025

North Dakota lawmakers advanced a resolution arguing that marriage should be reserved for heterosexual couples, claiming the Supreme Court had overstepped in 2015.

North Dakota State Rep. Bill Tveit (R-Hazen) introduces HCR 3013, a resolution asking SCOTUS to overturn Obergefell, the decision that legalized gay marriage nationally.

"This is a crucial step in taking back our country, our culture and our communities." pic.twitter.com/kbOdjjUvrj

— Heartland Signal (@HeartlandSignal) February 18, 2025

Similar resolutions have surfaced in multiple Republican-led states, reflecting a broader push to challenge same-sex marriage through state-level initiatives.

Despite these efforts, legal scholars and LGBTQ advocates argue that overturning Obergefell faces major hurdles.

The Supreme Court’s conservative majority has yet to signal any intent to revisit the issue, and federal protections under the Respect for Marriage Act remain in place.

Commentary:

Efforts to challenge same-sex marriage reflect the broader push by some Republican lawmakers to roll back court rulings they view as federal overreach.

While these resolutions energize certain conservative constituencies, they may face political and legal resistance from a public largely settled on the issue.

At the time of the Obergefell ruling, 37 states had already legalized same-sex marriage.

The ruling simply applied nationwide what was already happening in most of the country.

Reversing it now would create significant legal and bureaucratic chaos, especially for couples who have built lives under its protections.

Congress passed the Respect for Marriage Act in 2022 with bipartisan support, ensuring that same-sex marriages performed in one state must be recognized in all others.

Overturning Obergefell would require repealing this federal law, an unlikely outcome given current political realities.

Additionally, stripping same-sex couples of marriage rights would affect tax benefits, parental rights, military spousal benefits, and end-of-life decision-making.

Many Americans, including many conservatives who prioritize individual liberties and family stability, may not support such drastic changes.

While states have a right to express their stance on marriage, pursuing a Supreme Court reversal may alienate voters who see this issue as settled.

Republicans are walking a fine line on this one. Same-sex marriage has become widely accepted with most people knowing someone who is in one. It may just not sit well with the American public.

This would be extremely dumb and alienate a lot of GOP voters. Overreaching is the biggest risk Republicans currently face https://t.co/TyqPYuxQ3m

— Jon Levine (@LevineJonathan) February 25, 2025

Trump and the conservative movement have been breaking down norms, wielding in the woke cultural agenda while rooting out government overreach and waste. His first four weeks in office have seen huge changes on the federal and state level.

However, going after something so entrenched in our culture may be the thing that goes too far.

The Bottom Line:

While Republican lawmakers in multiple states seek to challenge same-sex marriage, overturning Obergefell v. Hodges would require overcoming major legal and political barriers.

The Respect for Marriage Act provides federal protection, making a Supreme Court reversal unlikely.

Americans may not support rolling back rights that have been in place for nearly a decade, especially when it affects families, tax laws, and military benefits.