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yesterday

Same-Sex Marriage Rights Under Threat From State Bills and Court Doubts

Recent state measures to restrict marriage equality follow conservative justices' suggestions that Obergefell should be reconsidered.

Demonstrators stand in front of a rainbow flag of the Supreme Court in Washington, Tuesday, April 28, 2015. The Supreme Court is set to hear historic arguments in cases that could make same-sex marriage the law of the land. The justices are meeting Tuesday to offer the first public indication of where they stand in the dispute over whether states can continue defining marriage as the union of a man and a woman, or whether the Constitution gives gay and lesbian couples the right to marry.
In this June 26, 2015 file photo, a man holds a US and a rainbow flag outside the Supreme Court in Washington after the court legalized gay marriage nationwide.
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Overview

  • Republican lawmakers in at least ten states have introduced bills urging courts or legislatures to overturn or limit the 2015 Obergefell v. Hodges ruling.
  • Justices Clarence Thomas and Samuel Alito have publicly called on the Supreme Court to revisit the constitutional basis for nationwide marriage equality.
  • The 2022 Respect for Marriage Act secures federal recognition of existing same-sex marriages but does not compel states to issue new licenses.
  • Thirty-two states hold dormant statutes or constitutional amendments that could ban same-sex marriage if the Supreme Court reverses Obergefell.
  • Public support for same-sex marriage reached 68 percent in recent Gallup polling, while over 823,000 couples have wed and contributed $5.9 billion to local economies.