In nine states, lawmakers have proposed resolutions or bills to roll back marriage equality protections in a direct challenge to Obergefell v. Hodges. While states like Michigan, Montana, Idaho, North Dakota, and South Dakota urge the Supreme Court to revisit its historic 2015 decision, others such as Texas, Missouri, Oklahoma, and Tennessee have introduced bills recognizing a new category of marriages solely between heterosexual couples.
We know this is frightening for many people in our community. At the same time, we want you to know that these measures are little more than political theater. These proposals, if passed, will not prevent same-sex couples from marrying in any state or invalidate anyone’s current marriage. The U.S. Supreme Court ruled in 2015 that the U.S. Constitution guarantees all couples, including same-sex couples, the freedom to marry. As a result, same-sex couples can marry in every state today.
The constitutionally-protected freedom to marry can only be changed if a case comes before the Supreme Court and a majority of Justices vote to overturn the court’s marriage equality decision. Right now, there’s just no sign that is going to happen. The resolutions being debated in Idaho and other states can’t do anything to change the law that allows same-sex couples to marry.
In short, there’s no reason to worry that the freedom to marry is going to go away anytime in the foreseeable future. But even if things were to change someday and the Supreme Court overturned its marriage equality decision, that wouldn’t invalidate anyone’s existing marriage, and it wouldn’t prevent couples from continuing to marry in many states. Just as importantly, federal law would continue to require all states to respect those marriages. The Respect for Marriage Act, which was passed by Congress in 2022 and signed by President Biden, requires the federal government and all states to recognize the marriages of same-sex and interracial couples as long as the marriage was valid in the state where it was performed. Those important protections will remain in place no matter what the Supreme Court might decide in the future.
We know that these proposed resolutions, and the misinformation surrounding them, has caused significant distress for many in our community. With so many hostile laws and policies coming from the federal government and many states today, it’s understandable that people are worried. The main point is this: there’s nothing any state can do to eliminate the freedom to marry. People can get married in every state, and only the Supreme Court has the power to change that.
NCLR has resources available for anyone who needs more information on the current state of marriage equality and ways to protect your marriage and family. Our November 2024 LGBTQ Families and Marriage webinar detailing our rights and protections is available on our YouTube Channel.
These resolutions are blatantly discriminatory, but they have no bearing on settled law. Our marriage rights have not changed. NCLR will continue to defend these rights and demand that laws protecting marriage equality are followed. If you or someone you know is encountering discrimination from state officials who don’t want to respect your marriage, or are refusing to issue marriage licenses, please reach out to us through our Helpline for advice, referrals and practical support in taking legal action
