What Happens to International ‘Utah Marriages’ if Obergefell is Overturned?

Over the past 5 years, Utah County has become an online wedding destination for international LGBTQ+ couples. What happens if Obergefell is overturned?

 

Five years ago, Utah County emerged as a one-of-a-kind destination for international same-sex weddings. Thanks to the county’s new online marriage portal, queer couples from all around the world could apply for a Utah marriage license and get married by a Utah officiant without ever leaving home. But if Obergefell v. Hodges is overturned, that could change – quickly.

 

For LGBTQ+ couples living in countries where same-sex marriage is illegal, Utah’s virtual marriages have been life changing. They’re also valid for certain immigration purposes, and have even held up legally for interfaith couples in countries like Israel, adding to their popularity abroad. This remote marriage option has become so popular among international couples that some sources just refer to them as ‘Utah marriages.’ 

 

If the Supreme Court overturns its ruling in Obergefell v. Hodges, however, international LGBTQ+ couples would no longer be able to access a ‘Utah marriage.’ In fact, same-sex American couples might not be able to get married in Utah either, due to what some people call ‘zombie laws’ – dormant bans against same-sex marriage that are still written into many state laws and constitutions.  

 

What is a ‘Zombie Law’? 

 

The term ‘zombie law’ is used by some people to describe old laws that have never been repealed, despite more recent court rulings that make them unenforceable. Because these defunct statutes are still on the books, they could regain the force of law – or ‘come back from the dead’ – if those rulings are ever overturned. 

 

‘Zombie laws’ in the context of same-sex marriage: Many states still have statutory and constitutional bans against same-sex marriage. These laws have been unenforceable since 2015, when the Supreme Court ruled in favor of marriage equality in Obergefell vs Hodges. But if that decision is overturned, those dormant bans could be reactivated – or ‘come back to life’ like legal zombies. 

 

 

In Utah, the ‘zombie laws’ in question are a statute that defines marriage as between a man and a woman only (§ 81-2-102); and the state constitution, which defines marriage the same way (Article I, Section 29). If Obergefell is reversed, these bans would become active again, making it illegal for any same-sex couples to apply for a marriage license there.

How could Utah’s zombie laws get removed? 

 

To protect the future of marriage equality in Utah, legislators would first need to repeal the statutory ban against same-sex marriage. They would also need to put a constitutional amendment on the ballot; if voters approved the amendment, same-sex marriage would be protected in Utah regardless of what happens to Obergefell. 

 

For Americans, the 2022 Respect for Marriage Act ensures that same-sex marriages performed legally in other states must be recognized in Utah. Although same-sex couples would have to cross state lines to get married, they would still be able to marry. 

 

But for many international same-sex couples there could be few – if any – options left. Utah County is the only place in the United States that provides a fully-online marriage process. Unless couples can afford to apply for visas and travel long distances to an LGBTQ+ friendly country, they may have no available pathway to marriage.

 

The takeaway? 

 

While it seems likely that courts would continue to recognize online marriages performed under previously legal conditions, no new marriage licenses could be issued to same-sex couples in Utah if Obergefell is overturned while the current (defunct) bans are in place.

 

“I don’t think that existing marriages would be annulled, but I don’t know,” Kermit Roosevelt, a law professor at the University of Pennsylvania, told Poynter in 2022. “I’m not sure there’s a historical precedent for how existing marriages get treated in such cases.” Another law professor, Ilya Somin with George Mason University, adds that states like Utah “would be able, if they want, to bar people from entering into new same-sex marriages.”

 

It’s a powerful reminder of how far-reaching American marriage laws can be, not just here in the States, but around the world.

Disclaimer: This article is intended for educational purposes only and does not represent an endorsement of or opposition to any political party. AMM is a non-profit, interfaith, and non-denominational constitutional church. We provide free ordination, advocacy, and training for our ministers to ensure that all people have the right to get married and to perform marriage.

 

 

About American Marriage Ministries (AMM)

 

We are a federally recognized 501c3 non-profit, interfaith and non-denominational constitutional church. Drawing on the freedom of religion clause in the United States Constitution, AMM provides free online ordination, advocacy, and training for our ministers, to ensure that all people have the right to get married and to perform marriage.
 
To date, we have ordained nearly 1,500,000 ministers who have officiated weddings all across the United States. 

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By being proudly inclusive, by offering ministry and 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 ministers are a daily force for good in the world. 

Learn more about American Marriage Ministries and our philosophy on marriage by visiting About AMM.
 

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Read More About How to Get Married Online in Utah

 

• How to Get Married in an Online Wedding Ceremony in Utah
   
• How to Officiate a Remote Wedding Ceremony in Utah
   
• How Much Does it Cost to Get Ordained Online in Utah?
   
• Can You Get Married Online? 2024-2025 Updates to Know
   

 

Click the article linked above to learn about online wedding requirements in 2025. (Photo: Brasil2 / iStock)

 

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