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Lawmakers in at least nine states have introduced measures aimed at undermining same-sex couples’ right to marry, with some explicitly calling for the Supreme Court to overturn its landmark 2015 ruling in Obergefell v. Hodges.
One of the latest efforts comes from Michigan, where State Rep. Josh Schriver (R) introduced a resolution on Tuesday urging the Supreme Court to revisit and reverse Obergefell, which established nationwide marriage equality.
Schriver defended his resolution on social media, claiming that the ruling “is at odds with the sanctity of marriage, the Michigan Constitution, and principles upon which the country was established.” He also asserted that the decision has led to increased “religious persecution.”
He cited specific examples, including a 2019 policy from the state attorney general requiring state-funded adoption agencies to serve LGBTQ couples and a 2022 controversy where a Grand Rapids wedding venue faced backlash and fines for refusing to host same-sex weddings.
“The new resolution urges the preservation of the sanctity of marriage and constitutional protections that ensure freedom of conscience for all Michigan residents,” Schriver said.
Schriver did not immediately respond to requests for additional comments. His resolution is backed by 12 Republican lawmakers, according to NBC affiliate WDIV of Detroit.
Multiple States Introduce Similar Measures
Similar resolutions challenging Obergefell have been introduced in Idaho, Montana, North Dakota, and South Dakota. Last month, the Idaho House approved its resolution in a 46-24 vote, while North Dakota’s House passed a similar measure Monday, 52-40.
Additionally, lawmakers in Missouri, Oklahoma, Tennessee, and Texas have introduced bills promoting a separate marriage category called “covenant marriage,” which would be exclusively for heterosexual couples.
Naomi Goldberg, executive director of the Movement Advancement Project, an LGBTQ think tank, dismissed the resolutions as legally untenable.
“Research shows that the majority of Americans continue to support the ability of same-sex couples to marry,” Goldberg told NBC News. “And two years ago, a bipartisan Congress passed the Respect for Marriage Act, which repealed the federal Defense of Marriage Act, codified federal recognition of marriage, and most importantly, requires states to recognize legal marriages from other states.”
Goldberg emphasized that Obergefell remains “the law of the land” despite state-level efforts to challenge it.
Democratic Leaders Condemn the Efforts
Michigan Democrats swiftly criticized Schriver’s resolution. State Rep. Jason Morgan, one of Michigan’s openly LGBTQ legislators, called it a “ridiculous distraction that does not help a single Michigan family.”
“With Donald Trump leading the Republican Party, the threats to our rights are more real than they’ve ever been,” Morgan said during a press conference.
“Michigan will not go backwards. … Love is something worth fighting for, and we’ll never stop fighting for what is right,” he added.
Curtis Hertel, chair of the Michigan Democratic Party, took to social media to call the resolution “deeply dangerous.”
“Schriver is attacking hundreds of thousands of Michiganders who are beloved members of the community, and he doesn’t deserve to serve the people of Michigan,” Hertel wrote.
Schriver has previously faced backlash for controversial social media posts. In December, he wrote on X (formerly Twitter), “Make gay marriage illegal again. This is not remotely controversial, nor extreme.”
Earlier this month, he was stripped of his committee assignments and staff after sharing a post that featured a “Great Replacement” conspiracy theory, which falsely claims that white Americans are being intentionally replaced by nonwhite people.
Despite these legislative efforts, LGBTQ advocates and legal experts remain confident that marriage equality will withstand these challenges.
