What happens if they overturn gay marriage
MAP Report: The National Patchwork of Marriage Laws Underneath Obergefell
Rebecca Farmer, Movement Advancement Project
rebecca@lgbtmap.org | 303-578-4600 ext 122
As the Respect for Marriage Act moves through Congress, MAP’s March 2022 report on the landscape of varying state marriage laws around the country is a resource. MAP researchers are available to reply questions and our infographics are available for use.
MAP’s report, Underneath Obergefell, explores the patchwork of marriage laws around the country. The report highlights the evidence that a majority of states still have existing laws on the books that would ban marriage for same-sex couples – even though those laws are currently unenforceable under the U.S. Supreme Court ruling in Obergefell.
If the U.S. Supreme Court were to revisit the Obergefell decision, the ability of same-sex couples to join could again fall to the states, where a majority of states still have in place both bans in the rule and in state constitutions.
The policy lands
At a convention for Southern Baptist church members in soon June, delegates endorsed legislation calling for a ban on same-sex marriage and urged legislators to support them in this goal.
Although lgbtq+ marriage is currently protected in all 50 states due to the judgment in Obergefell vs. Hodges in 2015, Justice Clarence Thomas has said he would like to "reconsider" that decision if a similar case were ever to before the court again.
He also said he would be open to reconsidering Lawrence vs. Texas which legalized gay sex, and Griswold vs. Connecticut which legalized access to contraception, as these cases were built on similar case law to Roe vs. Wade, which legalized the right to an abortion nationwide, was overturned in 2022.
Why It Matters
The Southern Baptist church is the U.S.' largest protestant denomination, and their endorsement of political causes has sway with GOP politicians, as they are a consistent Republican-voting base. Speaker of the Property Mike Johnson is one of the country's most dominant Southern Baptists.
This notify to eliminate gay marriage comes amid an existing drive from President Donald Trump's administration to remove transgender people
A decade after the Supreme Court’s Obergefell decision, marriage equality endures risky terrain
Milestones — especially in decades — usually call for celebration. The 10th anniversary of Obergefell v. Hodges, the Supreme Court case that made gay marriage legal nationwide, is diverse. There’s a sense of unease as state and federal lawmakers, as well as several judges, take steps that could transport the issue back to the Supreme Court, which could undermine or overturn existing and future same-sex marriages and weaken additional anti-discrimination protections.
In its nearly quarter century of existence, the Williams Institute at UCLA School of Law has been on the front lines of LGBTQ rights. Its amicus brief in the Obergefell case was instrumental, with Justice Anthony Kennedy citing statistics from the institute on the number of same-sex couples raising children as a deciding factor in the landmark decision.
“There were claims that allowing same-sex couples to marry would somehow devalue or diminish marriage for everyone, including different-sex couples,” said Brad Sears, a distinguished senior scholar of law and policy at the Williams Institute. &
What Happens if Obergefell is Overturned?
The Trump Administration and Project 2025 have a target to overturn Obergefell v. Hodges, the landmark Supreme Court decision that legalized same-sex marriage across the USA.
- How would it gain overturned?
- What happens if it is overturned?
Understanding the legal landscape and potential consequences is crucial for same-sex couples navigating an uncertain future.
The Legal Foundation of Same-Sex Marriage
The right for same-sex couples to marry is based on two key Supreme Court cases:
United States v. Windsor (2013)
- Edith Windsor challenged the federal government’s definition of marriage as only between one male and one woman under the Defense of Marriage Perform (DOMA).
- Windsor and her wife Thea were legally married in Canada, and New York recognized their marriage. However, Edith was denied the spousal exception to federal estate taxes.
- The Supreme Court dominated in Windsor’s favor, invalidating DOMA and requiring the federal government to realize any marriage legally performed in a state.
Obergefell v. Hodges (2015)
- The Supreme Court ruled:
“[T]he right to marry is a fundamental right integral in the