These States Will Feel it First if Obergefell is Overturned

What happens if Obergefell is overturned? It depends on where you live. 

 

By now, you probably know that a growing number of powerful people are gunning to overturn marriage equality here in the US. 

 

This list of anti-LGBTQ+ conservatives includes a couple of slighted Supreme Court Justices and vocal lawmakers in several states, including Michigan, South Carolina, and Texas. 

 

Emboldened by a second Trump term and the normalization of anti-LGBTQ+ discrimination under calls for religious freedom (including recent anti-trans actions by public servants), this group has gotten louder in recent weeks. For members of the LGBTQ+ community and the people who love and respect them, it’s an uncertain time.

 

Related: Syracuse Judge Refuses to Marry Same-Sex Couple in Courthouse Wedding

 

Anti-LGBTQ+ lawmakers have introduced legislation that could limit civil marriage services in your cities and towns. Clerks and judges have claimed that issuing or signing a marriage license to same-sex couples interferes with their right to practice religion, as if having to coexist with people whose beliefs differ from theirs is religious persecution. 

 

And a few politicians are using their large social media platforms to post derisive comments about our LGBTQ+ neighbors and friends, like this post from a Michigan lawmaker, Republican State Rep. Josh Schriver:

 

"20 years ago, Barack Obama was more conservative on marriage than many Republicans today. America only "accepted" gay marriage after it was thrusted into her by a perverted Supreme Court ruling."

 

When reporters from FOX 2 Detroit reached out to see what had to say about backlash to his post, he replied: 

 

“After careful discernment, I created a post yesterday to urge the Supreme Court to reverse the decision that has falsely equated traditional marriage with ‘gay marriage.’ God clearly informs us that His design for marriage is made for one man and one woman. Children are just one of the many logical benefits purposed from God’s design for marriage.

 

To anyone who may be offended by this, hear these words: Gay marriage (and all sexual immorality) offends God and His intelligent design. We must fear offending God more than we fear offending man."

 

This statement is so inflammatory that it could easily be mistaken as a quote from the 1950s, not something sent to the press last week. 

 

Unfortunately, the goal of all this anti-LGBTQ+ noise is bigger than just stealing headlines or creating red-tape for same-sex couples at the county clerk’s office.

 

It looks like the end goal is to get a case in front of the Supreme Court that would give conservative Justices the chance to reverse the 2015 decision in Obergefell v. Hodges that legalized gay marriage in the first place – thereby eliminating federal same-sex marriage protections and returning marriage rights to the individual states. 

 

 

Could the Supreme Court overturn marriage equality? 

 

This might be the goal of some conservative leaders, but how likely is it to actually happen? Could the Supreme Court overturn marriage equality?

 

Yes, it's possible, although it still doesn't seem likely at this point. It's something to prepare for, but not something to panic about yet.

 

For this to happen, a new case would need to be brought before the Court that causes them to revisit the 2015 ruling. If the Justices decide that the 14th Amendment was interpreted incorrectly in 2015, they could reverse their previous decision, overturning Obergefell (and overturning marriage equality). 

 

A better question might be would they do this? Justices Clarence Thomas and Samuel Alito have said they would overturn Obergefell if they had the chance, but it's less clear what other justices would do, including more moderate or conservative Justices Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Chief Justice John Roberts, who have supported other LGBTQ+ rights in recent years. 

 

Related: What Wedding Officiants Should Know About Project 2025 & Gay Marriage

 

 

If they do overturn marriage equality:  What would happen if Obergefell is overturned? 

 

Like we said, the possible overturn of Obergefell is something to prepare for, to be aware of and protect against, but not something to panic about yet.

 

Here's what would happen: Same-sex marriage bans that are still on the books in more than 30 states around the country would be reactivated. Those bans would be immediately enforceable, making same-sex marriage illegal in those places (just as trigger laws made abortion illegal in some states immediately after overturning Roe v. Wade). 

 

It would become difficult or impossible for some same-sex couples to get married in the state where they live, but they could get married in a neighboring state where no ban exists.

 

• Learn More: Getting Ordained and Performing Marriage in Different States: How does it work?

• AMM FAQs: Can I Officiate Weddings in Other States?

 

Same-sex couples that are already married could face legal challenges to their spousal health benefits, inheritance rights, adoption rights or child custody rights, and more. (Federal marriage benefits, including social security benefits, would remain protected by the 2022 Respect for Marriage Act.)

 

Related: Short Inclusive LGBTQ+ Wedding Ceremony Script

 

 

Which states protect same-sex marriage in their statutes or state constitutions? 

 

Ally lawmakers in several states have seen the writing on the wall and are taking steps to protect their LGBTQ+ communities by repealing outdated marrige bans and codifying marriage equality in statutes and state constitutions. Just last month, same-sex marriage protections were written into state laws in Hawaii, Colorado, and California. But there’s still a lot of work to do.

 

Currently, less than half of all US states explicitly protect same-sex marriage and civil unions in their statutes and constitutions. Below is a list of states where same-sex marriage rights are protected even if Obergefell vs Hodges is overturned (at the time of writing):

 

States that have codified same-sex marriage rights: 

 

California 
Connecticut
Delaware
District of Columbia (Washington, DC)
Hawaii
Illinois
Maine
Maryland
Massachusetts
Minnesota
Nevada 
New Hampshire
New Jersey 
New Mexico
New York
Oregon
Rhode Island
Vermont
Washington

 

 

Where would same-sex marriage be illegal if Obergefell is overturned?  

Below is a list of states where same-sex marriage is not protected (at the time of writing). These states still have statutory and constitutional same-sex marriage bans that are not currently enforceable, but that could be triggered in the event of an Obergefell overturn. 

 

Same-sex marriage would be illegal in these states if Obergefell is reversed, and it would be up to lawmakers to decide if they want to enforce those bans. Many of the states on this list have strongly conservative leadership that is less likely to introduce or pass amendments to protect marriage equality. 

 

Some states have both constitutional bans and statutory bans; both types of bans would need to be repealed or amended to keep families in these states protected.

 

States with same-sex marriage bans (currently unenforceable):

 

Alabama 
The Alabama state constitution bans same-sex marriage and civil unions. 

 

Alaska
The Alaska state constitution bans same-sex marriage; state laws ban same-sex marriage, civil unions, and domestic partnerships.

 

Arizona
The Arizona constitution and state laws ban same-sex marriage. 

 

Arkansas
The Arkansas constitution and state laws ban same-sex marriage, civil unions, and domestic partnerships. 

 

Florida
The Florida state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

Georgia
The Georgia state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage.

 

Idaho
The Idaho state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage.

 

Indiana
Indiana state laws ban same-sex marriage.

 

Iowa
Iowa state laws ban same-sex marriage.

 

Kansas
The Kansas state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage.

 

Kentucky
The Kentucky state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage.

 

Louisiana
The Louisiana state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

Michigan
The Michigan state constitution bans same-sex marriage, civil unions, and any marriage-like contract; state laws ban same-sex marriage.
 
Mississippi
The Mississippi state constitution bans same-sex marriage; state laws ban same-sex marriage, civil unions and domestic partnerships. 

 

Missouri
The Missouri state constitution bans same-sex marriage; state laws ban same-sex marriage and civil unions. 

 

Montana
The Montana state constitution and state marriage laws ban same-sex marriage.

 

Nebraska
The Nebraska state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

North Carolina
The North Carolina state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

North Dakota
The North Dakota state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

Ohio
The Ohio state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage, civil unions and domestic partnerships. 

 

Oklahoma
The Oklahoma state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

Pennsylvania
Pennsylvania state laws ban same-sex marriage.

 

South Carolina
The South Carolina state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

South Dakota
The South Dakota state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

Tennessee
The Tennessee state constitution and state laws ban same-sex marriage.

 

Texas
The Texas state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage, civil unions and domestic partnerships. 

 

Utah
The Utah state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

Virginia
The Virginia state constitution bans same-sex marriage and civil unions, but state law codifies protections for same-sex marriage. This one is a bit complicated: The state’s constitution supercedes (overrides) state code, so same-sex marriage would be illegal if Oberfell is overturned, but officials might not enforce it.

 

West Virginia
West Virginia state laws ban same-sex marriage.

 

Wisconsin
The Wisconsin state constitution bans same-sex marriage and civil unions; state laws ban same-sex marriage. 

 

Wyoming
Wyoming state laws ban same-sex marriage.

 

NOTE: All of the bans mentioned above are currently unenforceable. Some people refer to these as ‘trigger laws’ or ‘zombie laws’ because they are currently dead (thanks to Obergefell vs Hodges) but could be brought back to life if Obergefell is overturned. For now, same-sex marriage is legal in every US state, and we hope it stays that way! 

 

Related: When was same-sex marriage legalized in the U.S.? Is it legal in all 50 states?
 

Faced with the potential of an Obergefell overturn, what can you do now to protect marriage equality? 

 

“There is not a clear and easy path or one specific way that the movement would move to protect marriage,” Fran Hutchins, executive director of the The Equality Federation, told reporters in 2022, and that’s still true today. There is no quick or easy solution to these threats against same-sex marriage rights. But steps are being taken, and there’s room in the marriage rights movement for everyone to pitch in!

 

President Biden helped pass the Respect for Marriage Act in 2022, which created stronger protection for same-sex marriages at the federal level, and requires states to recognize same-sex marriages and interracial marriages performed in other states. This is a big step forward, but it doesn’t codify Obergefell. Learn more here: What does the Respect for Marriage Act do? The answer will vary by state.

 

But couples shouldn’t have to leave their home state to get married, and wedding officiants in every state should be allowed to perform lawful marriage ceremonies for their LGBTQ+ friends, relatives, and neighbors.

 

So what can you do to protect marriage equality? Writing to your legislators, protesting, and sharing information are all important actions to take.

 

We also believe that your role as an AMM Minister places you in a unique position to do more. We believe that our ministers have the power to be an overwhelming source of love and acceptance in their communities, and to lead by consistent and conscientious example.
 
You can be a daily force for good in the world by being proudly inclusive, by offering marriage services to couples and their families without judgment, by meeting people on their own terms, and by lovingly serving those who might otherwise be discriminated against because of their race, gender, or sexual orientation. 

 

Our commitment to equality insists that we see ourselves in every person we meet, and to meet them with tolerance, acceptance, understanding, and respect. 

 

One simple way to protect marriage equality is to get ordained online with American Marriage Ministries, to be ready to provide welcoming marriage services to people in your community. 

 

 

Become an ordained minister online with American Marriage Ministries and officiate wedding for friends and relatives. Help protect marriage equality in your community and spread love for all! (Photo: SolStock / iStock)
 

---

 

Find the perfect same sex wedding ceremony script

 

• Browse examples of LGBTQ+ wedding ceremony scripts in the AMM Wedding Script Library! 

 

---

 

Ask a Loved One to Officiate Your Wedding Ceremony

Your wedding day should reflect your unique love story and celebrate everything that makes your love so special. Having a close friend or relative officiate ensures your celebration is as intimate, personal, and loving as it can be!

Ask a friend or family member to officiate your wedding with free online ordination through American Marriage Ministries (AMM). 

|* custom-button, "https://theamm.org/ordination-application", "ORDAINED MINISTER ONLINE APPLICATION" *|

Why AMM? American Marriage Ministries is an inclusive nondenominational internet church that ordains and trains ministers to officiate marriage ceremonies. We are a recognized 501(c)(3) nonprofit church, and help people from all backgrounds and beliefs become ordained ministers for weddings. Our online ordination is free, accessible, and never expires.

 

Officiating weddings is an incredible honor, and a great way to show your love and support for the people getting married. As a wedding officiant, you will help to create memorable ceremonies and memories that last a lifetime.

AMM Ministers can legally officiate weddings in every state* (it's much harder in Virginia, where we're looking into our options). After getting ordained with AMM, you might need to register your ordination with your local county clerk’s office. Click the link above to get started! 

 

 

Become an ordained minister online with American Marriage Ministries and officiate wedding for friends and relatives. (Photo cropped: IURII KRASILNIKOV / iStock)

 

---

 

Want to share this news? Pin it!

 

 

---