Conservatives Push to Overturn Same-Sex Marriage: ‘Just a Matter of When’

The Conservative Push Against Same-Sex Marriage

In recent months, a growing movement among conservatives has emerged, seeking to overturn the landmark Supreme Court ruling Obergefell v. Hodges, which legalized same-sex marriage nationwide in 2015. Prominent figures like Mat Staver, chairman of Liberty Counsel, a conservative Christian ministry, have declared that overturning the ruling is not a matter of "if," but "when." This push is part of a broader effort to challenge the legal and social advancements made by the LGBTQ+ community. The 10th anniversary of the ruling in June 2023 has brought renewed attention to the issue, with conservatives arguing that the decision overstepped judicial boundaries and ignored state sovereignty.

The Significance of Obergefell v. Hodges

The Obergefell v. Hodges decision marked a significant milestone in the fight for LGBTQ+ rights, granting same-sex couples the constitutional right to marry and requiring states to recognize these unions. The ruling not only reflected a shift in public opinion but also had profound implications for the legal and social recognition of LGBTQ+ individuals. Since then, opponents of same-sex marriage have persistently challenged the ruling, arguing that it infringes on religious freedom and state rights. Their efforts have gained momentum in a Supreme Court that has become increasingly conservative, particularly following the appointment of three justices during Donald Trump’s presidency.

Public Opinion and Political Divide

While a majority of Americans support same-sex marriage, a notable political divide exists. A 2024 Gallup poll revealed that 69% of Americans, including 83% of Democrats and 74% of independents, favor legal same-sex marriage. However, only 46% of Republicans express support. This division underscores the ongoing political and cultural debates surrounding the issue. Despite the shift in public opinion, conservative lawmakers and activists continue to push for the reversal of Obergefell, arguing that each state should have the autonomy to define marriage.

Legislative and Judicial Efforts to Undermine Obergefell

Conservative efforts to challenge Obergefell have taken both legislative and judicial forms. Oklahoma State Senator David Bullard introduced a bill offering tax credits exclusively to families with biological children, defining an "eligible dependent child" as a natural child of both taxpayers. This move is seen as an attempt to circumvent the implications of Obergefell. Similarly, Idaho Representative Heather Scott proposed a resolution urging the Supreme Court to reconsider the ruling, framing it as a matter of state sovereignty. These legislative actions, while not directly overturning the ruling, aim to erode its impact and pave the way for future legal challenges.

The Role of the Respect for Marriage Act

In response to concerns about the vulnerability of same-sex marriage rights, Congress passed the Respect for Marriage Act in late 2022, which President Joe Biden signed into law. The act ensures federal recognition of interracial and same-sex marriages, providing a safeguard against potential state-level discrimination. However, as noted by the ACLU, this legislation does not codify the right to same-sex marriage at the state level, leaving the door open for challenges if Obergefell is overturned. While the act offers some protection, it highlights the continued precariousness of LGBTQ+ rights in the face of ongoing opposition.

The Road Ahead

As the legal and political landscape continues to evolve, the future of same-sex marriage rights remains uncertain. Current efforts by conservatives indicate a sustained commitment to reversing Obergefell, leveraging both legislative tactics and judicial dissent. The absence of a direct case before the Supreme Court does not diminish the urgency felt by advocates on both sides. The outcome of these efforts will depend on various factors, including future court compositions, legislative actions, and shifts in public opinion. While the Respect for Marriage Act provides some reassurance, the ongoing challenges highlight the need for continued vigilance in protecting LGBTQ+ rights.