Marriage equality was cemented in 2015 with the U.S. Supreme Court’s Obergefell v. Hodges decision, which ruled that same-sex couples have the constitutional right to marry, ensuring equality for millions of LGBTQ+ people. But while society has moved forward, some lawmakers are still working hard to reverse that monumental decision. A growing list of states—Michigan, Idaho, Montana, North Dakota, South Dakota, Missouri, Oklahoma, Tennessee, and Texas—are pushing proposals to undo marriage equality or at least create loopholes that would undermine it.
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The Battle Over Marriage: States Push to Undermine Equality
So, what’s the deal with all these resolutions? Why are lawmakers suddenly so obsessed with trying to turn back the clock? To put it bluntly: because they can.
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In places like Idaho, the proposed laws are effectively symbolic—aimed at getting the court to revisit Obergefell. But in other states, lawmakers have been more creative, pushing for alternative marriage frameworks that could undermine same-sex unions. For example, some want to establish “covenant marriages” that explicitly define marriage as only between a man and a woman, aiming to make same-sex marriages a legal gray area.
To give you a snapshot of where this is happening:
- Idaho: The latest push here isn’t likely to change the law, but it signals a larger effort to keep the conversation about overturning Obergefell alive. Lawmakers have voted to urge the Supreme Court to undo the marriage ruling, and the measure will now head to the state Senate.
- Michigan and Montana: Proposals have been introduced, but both are still stuck in the legislative process. In Michigan, it’s in a committee; in Montana, it was tabled by the Senate Judiciary Committee. While neither has advanced to law, they’re a reminder that the battle isn’t over.
- North Dakota and South Dakota: These states both had proposals that were shot down in recent votes—North Dakota’s in the Senate and South Dakota’s by a House committee. But just because a bill is defeated doesn’t mean this issue is dead.
- Missouri, Oklahoma, Tennessee, and Texas: These states are bypassing Obergefell directly by proposing laws to create “covenant marriages,” which would apply only to heterosexual couples. It’s a backdoor attempt to sidestep marriage equality by creating a separate (and legally privileged) category for straight marriages.
The Arguments Being Made
If you’ve heard one of these debates, you’ve probably heard the same old argument: that same-sex marriage infringes on religious freedom. Idaho’s Tony Wisniewski, who sponsored the proposal, echoed this by saying that Obergefell trampled on the rights of people who oppose gay marriage for religious reasons. It’s a familiar refrain, but one that doesn’t exactly hold up to scrutiny.
Idaho House Minority Leader Ilana Rubel wasn’t having any of it. She pushed back hard, calling the proposal a “waste of time and money” and emphasizing how harmful it could be for same-sex couples. As Rubel pointed out, many same-sex couples in Idaho have been legally married for over a decade now, and this effort isn’t just about abstract legal concepts—it’s about real people and real relationships.
The Fight Continues
For now, nothing is changing immediately. The measures in Idaho and elsewhere are symbolic at best, and they have a long way to go before becoming law (if they ever do). But this ongoing challenge isn’t something we should ignore. It’s crucial that we continue to engage with this issue, stay informed, and hold our representatives accountable.
The fight for equality never truly ends, and every time these proposals come up, it’s a reminder that we must continue to defend the rights we’ve fought for. Whether it’s calling your representatives or showing up to the polls, the way forward is to stay engaged and vigilant.
Let’s make sure the future isn’t just about fighting to keep what we’ve won, but about expanding rights and protections for all.
Source: Newsweek