More than a decade after Obergefell v. Hodges legalised same-sex marriage nationwide, the U.S. Supreme Court is weighing whether to hear a case that could roll back those protections.
The 2015 5–4 ruling mandated marriage equality in all 50 states, overriding bans in states that refused to recognise same-sex unions. However, those state bans were never formally repealed — only rendered unenforceable — meaning they could be reactivated if the court reverses Obergefell.
The Case at the Centre of the Threat
The petition before the court is tied to Kim Davis, the former Kentucky county clerk who in 2015 refused to issue marriage licences to same-sex couples, citing religious beliefs. Davis spent time in jail for defying court orders and has since been ordered to pay over $360,000 in damages and legal fees.
Her lawyer, Mat Staver, argues that Obergefell was “egregiously wrong” and “deeply damaging,” urging the court to revisit what he calls “a creation of atextual constitutional rights.”
While the court declined to hear a similar appeal in 2020, its current conservative majority could choose to take up the case this time.
What Would Change if Obergefell Is Overturned?
If the ruling is reversed, marriage equality would likely revert to a state-by-state matter, as it was before 2015. This would mirror what happened when Roe v. Wade was overturned in 2022, leading many Republican-led states to impose abortion bans.
In the case of marriage, dormant bans in 31 states — often called “zombie laws” — could immediately take effect, prohibiting same-sex marriages within their borders.
However, the Respect for Marriage Act, signed by President Joe Biden in 2022, would still require states to recognise same-sex and interracial marriages performed legally elsewhere. That means couples could travel to a state where marriage equality remains legal, but they might be unable to wed at home.
States Already Pushing to End Marriage Equality
Even before Davis’ petition, several states had taken steps to challenge or sidestep Obergefell. According to NBC News, Idaho, Michigan, Montana, North Dakota, and South Dakota have explicitly introduced measures to overturn the decision. Missouri, Oklahoma, Tennessee, and Texas have put forward bills promoting “covenant marriage” — defined as between one man and one woman.
Public Opinion and Expert Warnings
Gallup polling shows support for same-sex marriage has dipped slightly, from 71% in 2023 to 69% in 2024.
Jim Obergefell himself has warned that marriage equality is far from secure:
“It could unravel very quickly. The Supreme Court could decide ‘we’ve got these petitions from these states asking us to overturn it, we think they’re right’.”
