At least nine US states have initiated efforts to reverse the Supreme Court's 2015 Obergefell v Hodges ruling, which legalized same-sex marriage nationwide. Proposed measures focus on either directly challenging the ruling or redefining marriage to exclude same-sex couples. Polling indicates a slight decline in support for same-sex marriage in the US, from 71% to 69%. Advocates have warned that these legislative moves echo the post-Roe v Wade landscape, which permitted restrictive state-level laws. The Biden-era Respect for Marriage Act offers some protections, but LGBTQ+ advocates remain concerned about escalating attacks on marriage rights.
According to NBC News, the states which have introduced measures explicitly seeking to reverse Obergefell v Hodges are Idaho, Michigan, Montana, North Dakota, and South Dakota.
Polling by Gallup has found that support for equal marriage in the US has dropped slightly in the past year, from an all-time high of 71 percent in 2022, down to 69 percent in 2024.
Warbelow explained that the Biden-era Respect for Marriage Act protects some couples' rights to equal marriage - by assuring that any marriage valid in the couple's home state is considered valid by the US government and will be recognised by every state.
Lawmakers in Missouri, Oklahoma, Tennessee, and Texas have introduced similar bills on equal marriage - these don't specifically reference Obergefell v Hodges, but would seek to create a category for marriage called "covenant marriage" which would be only for one man and one woman.
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