First They Came for Roe—Now Same-Sex Marriage Is on the Chopping Block
States Are Passing Resolutions to End Marriage Equality—And the Supreme Court Is Ready to Listen.
When the Supreme Court overturned Roe v. Wade in 2022, the right-wing legal movement sent a clear message: no precedent is safe.
Many warned that this was just the beginning—that conservatives would not stop with abortion rights. Now, in 2025, the next target is clear: same-sex marriage.
Republican-controlled state legislatures are actively pushing resolutions calling on the Supreme Court to overturn Obergefell v. Hodges, the 2015 ruling that made marriage equality the law of the land. Meanwhile, Trump’s second administration has issued executive orders attacking LGBTQ+ rights, and the Supreme Court remains packed with justices who have already signaled their willingness to gut hard-won rights.
This is not speculation. Multiple states have already begun legislative efforts to roll back marriage equality, and if Obergefell falls, as many as 32 states could immediately ban same-sex marriage overnight.
The Active Assault on Obergefell
Across the country, Republican lawmakers are working to bring a challenge to same-sex marriage before the conservative Supreme Court. Here are the states leading the charge:
North Dakota: The state House passed a resolution urging the Supreme Court to overturn Obergefell, but the Senate rejected the measure with a 16-31 vote.
Idaho: The House of Representatives approved a resolution calling on the Supreme Court to reverse Obergefell, reflecting a broader national effort to challenge marriage equality.
Michigan: State Representative Josh Schriver introduced a resolution advocating for the Supreme Court to overturn Obergefell, aligning with similar efforts in other states.
Montana and South Dakota: Both states have introduced measures urging the Supreme Court to reconsider its stance on same-sex marriage, signaling a growing movement to challenge the 2015 decision.
This is the same strategy anti-abortion activists used to overturn Roe v. Wade, push state-level bans, get the issue in front of SCOTUS, and let the conservative justices do the rest.
The Supreme Court & the Republican Trifecta All But Guarantee Obergefell’s Fall
The Supreme Court is stacked 6-3 with conservatives, several of whom have already indicated their desire to overturn marriage equality:
Clarence Thomas: In his concurring opinion on Dobbs v. Jackson (which overturned Roe), Thomas explicitly wrote that SCOTUS should “reconsider” Obergefell.
Samuel Alito: Has vehemently opposed same-sex marriage and has criticized Obergefell as judicial overreach.
Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett: While they have not ruled directly on Obergefell, all three have consistently sided with “religious liberty” arguments that have undermined LGBTQ+ rights.
Chief Justice John Roberts: Dissented in Obergefell and could support rolling back marriage rights if given the chance.
This conservative majority, combined with a Republican-controlled presidency, House, and Senate, creates the perfect conditions for an overturning of marriage equality.
And Trump’s second term has already made clear that LGBTQ+ rights are in the crosshairs.
The Respect for Marriage Act (RFMA) Won’t Save Us
After Dobbs overturned abortion rights, Congress passed the Respect for Marriage Act (RFMA) in 2022 to protect same-sex marriage. But there’s a huge problem: RFMA does NOT prevent states from banning same-sex marriage if Obergefell is overturned.
RFMA only requires states to recognize same-sex marriages performed in other states.
It does NOT force states to issue new marriage licenses to same-sex couples.
If Obergefell falls, individual states will be free to ban same-sex marriage again, creating a patchwork of rights across the country.
This is why 25 to 32 states could immediately ban same-sex marriage again. These states still have pre-Obergefell bans on the books, and if the Supreme Court revokes federal protections, those bans will snap back into place, exactly like what happened when Roe was overturned.
Public Opinion Won’t Save Marriage Equality—Roe Proved That
One of the most common misconceptions about Supreme Court decisions is that broad public support guarantees their safety. But Dobbs v. Jackson (2022) proved that’s simply not true.
Before Roe fell, 69% of Americans supported keeping abortion legal before the 15th week of pregnancy. That didn’t stop the Supreme Court from overturning it. (Grinnell College Poll)
A 2022 poll found that two-thirds of Americans opposed reversing Roe v. Wade. The Court ignored them. (The 19th/Momentive Poll)
Now, the same disconnect between public opinion and conservative legal strategy is playing out with Obergefell:
71% of Americans support same-sex marriage. (Gallup)
70% oppose overturning Obergefell. (NYT/Siena College Poll)
74% believe same-sex marriage should be a guaranteed right. (Grinnell College National Poll)
And yet, multiple Republican-led states are pushing for a Supreme Court challenge to marriage equality, just as they did with abortion rights.
Public support didn’t stop the fall of Roe, and it won’t stop the fall of Obergefell—unless we take action now. The Supreme Court doesn’t answer to the people. It answers to the legal arguments conservatives craft in state legislatures and federal courts.
]We can’t afford to be complacent. If we assume Obergefell is safe, we’ll wake up in a country where same-sex marriage is outlawed in half the states.
What’s Next? Loving, Griswold, and Lawrence Are Also at Risk
If they can overturn Obergefell, what stops them from going after interracial marriage, contraception, or LGBTQ+ relationships?
These landmark cases rely on the same legal foundation as Roe and Obergefell:
Interracial Marriage (Loving v. Virginia, 1967)
Contraception Rights (Griswold v. Connecticut, 1965)
Same-Sex Relationships (Lawrence v. Texas, 2003)
Clarence Thomas already said these decisions should be “reconsidered.” This is a coordinated effort to dismantle civil rights under the guise of “states’ rights.”
Final Call to Action: The Time to Fight Is NOW
Marriage equality is in real danger. The Supreme Court, Republican states, and the Trump administration are all working toward a reality where same-sex marriage is once again illegal in much of the country.
We must:
✅ Pressure Congress to codify marriage rights in federal law.
✅ Vote in state and federal elections to prevent more attacks.
✅ Make noise NOW—before it’s too late.
The fall of Roe proved that no right is untouchable. If we don’t fight back, same-sex marriage could be next.
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Bibliography:
"North Dakota Senate Rejects Resolution Asking US Supreme Court to Overturn Same-Sex Marriage Ruling." AP News, March 13, 2025.
"Idaho House Calls on U.S. Supreme Court to Reverse Same-Sex Marriage Ruling." Idaho Capital Sun, January 27, 2025.
"Michigan Rep. Josh Schriver Pushes to Overturn 2015 Same-Sex Marriage Ruling." Midland Daily News, March 2025.
"Justice Clarence Thomas Suggests Revisiting Landmark Decisions." Supreme Court of the United States, June 24, 2022.
"Supreme Court's Decision in Dobbs v. Jackson Women's Health Organization." Supreme Court of the United States, June 24, 2022.
"Five States Are Urging SCOTUS to End Marriage Equality." Them.us, March 2025.
"Republican State Lawmakers Galvanize to Attack Same-Sex Marriage." The Guardian, March 3, 2025.
"Justice Clarence Thomas's Stance on Substantive Due Process." National Association of Attorneys General (NAAG), July 2022.