There are some new rumors circulating about this major issue. Here’s what’s actually happening.
In recent years, several conservative figures have been vocal about their desire to challenge the Supreme Court’s decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. Mat Staver, a conservative Christian attorney and chairman of the Liberty Counsel, has been especially outspoken, stating that it’s only a matter of time before this ruling is overturned. According to Staver, the issue is not whether it will happen, but when it will.
This June marks the 10th anniversary of Obergefell, the landmark decision in which the Supreme Court ruled that states cannot ban same-sex marriages, recognizing the right of same-sex couples to marry. Since then, there have been ongoing efforts to overturn the ruling, driven by conservative lawmakers and activists. Notably, Justices Clarence Thomas and Samuel Alito have suggested that the case could be revisited and possibly overturned, given their dissenting opinions at the time.
While public opinion on same-sex marriage has shifted over the years, with a majority of Americans now supporting it, the Republican Party remains divided on the issue. A 2024 Gallup poll found that while 69% of Americans support legal same-sex marriage, only 46% of Republicans are in favor. This divide has fueled continued efforts by some conservatives to challenge the Obergefell ruling.
In addition to legal efforts, conservative state legislators are proposing bills that could undermine the ruling. For example, Oklahoma State Senator David Bullard recently introduced a bill offering tax credits to families with children who are biological children of both taxpayers. Bullard argued that such efforts are essential in pushing back against Obergefell, stating that waiting too long could make it harder to challenge the decision.
Similarly, in Idaho, Representative Heather Scott proposed a resolution urging the Supreme Court to reconsider Obergefell in an effort to restore federalism and allow states more authority over marriage laws. These legislative pushes reflect a broader conservative strategy to limit federal overreach and ensure that states retain the right to make decisions based on their values.
Although the Supreme Court has yet to take up a case that directly challenges Obergefell, the efforts to dismantle its effects are ongoing. With President Biden’s signing of the Respect for Marriage Act into law in 2022, which codifies federal recognition of same-sex and interracial marriages, conservatives remain focused on the broader battle to ensure that decisions on marriage should be left to individual states.
As these debates continue to unfold, it is clear that the fight over marriage rights is far from over. While many Americans have moved toward acceptance of same-sex marriage, conservatives see this issue as a matter of principle and are committed to pushing back against what they view as an overreach by the Supreme Court.