What does supreme court ruling mean for gay marriage
Same-sex marriage, which the U.S. Supreme Court in 2015 legalized nationwide in the case known as Obergefell v. Hodges, is facing resurgent hostility.
In the decade since the court’s decision, widespread support for homosexual marriage has increased. Currently, about 70% ofAmericans approve of legally recognizing the marriages of lgbtq+ couples, a 10-percentage-point bump from 2015.
Obergefell led to an increase in marriages among same-sex partners, with more than 700,000 same-sex couples currently married.
Despite this, Republican lawmakers in five states possess recently introduced symbolic bills calling on the Supreme Court to overturn its ruling in Obergefell.
And Republican lawmakers in two states have proposed legislation that creates a new category of marriage, called “covenant marriage,” that is reserved for one man and one woman.
As a professor of legal studies, I accept such attacks on same-sex marriage portray a serious threat to the institution.
And others share my concern.
A 2024 poll of married lgbtq+ couples found that 54% of respondents are worried that the Supreme Court might overturn Obergefell, with only 17% saying they did not anticipate such a challe
Skip to main content
More from the National Constitution Center
Constitution 101
Engage in deep thinking and analysis of the Constitution and America’s founding principles.
Media Library
Search and browse videos, podcasts, and blog posts on constitutional topics.
Founders’ Library
Discover primary texts and historical documents that span American history and possess shaped the American constitutional tradition.
Modal body text goes here.
Email Share
Link copied to clipboard!
Ooops. Link couldn't be copied to clipboard!
The low point for gays in Florida was 2008, when voters overwhelmingly supported a state constitutional amendment making same-sex marriage illegal. It was a demoralizing blow that came at the same hour California voters approved Proposition 8, which also banned gay marriage.
Those dusky days were supplanted Wednesday by euphoria and a sense of momentum with the U.S. Supreme Court's rulings that extended federal benefits to legally married same-sex couples and, in effect, restored gay marriage in California.
By a 5-4 vote, the court ruled unconstitutional a provision of the federal Defense of Marriage Act that prevented married gay couples from collecting federal benefits, including the ability to file joint tax returns and receive survivor payouts from Social Security.
The ruling seems to possess little immediate effect on gays in Florida because it applies only to states where gay marriage is legal. There is uncertainty about whether some rights might be extended to legally married queer couples living in Florida, either through regulatory meaning or action by President Barack Obama.
"That will be a topic the Obama administration will own to consider," said Gary
How legal tide turned on same-sex marriage in the US
In that case, the court overturned the Defense of Marriage Act (Doma), which barred the federal government from recognising lgbtq+ marriages.
Under Doma, for example, individuals in same-sex marriages were ineligible for benefits from federal programmes such as the Social Security pension system and some tax allowances if their partners died.
Another key case, Hollingsworth v Perry of 2013, was filed by two lawyers, Theodore Olson and David Boies, working together on behalf of their California clients, Kristin Perry and Sandra Stier and another couple, Jeffrey Zarrillo and Paul Katami.
They argued that the Supreme Court should strike down a articulate law, called Proposition 8, which stated that marriage is between a dude and a woman. The law, approved by California voters in 2008, overrode a state Supreme Court decision that allowed for same-sex marriage.
What is next?
Marriages will continue as before in the 36 states. The remaining states will have to issue licences, although it is unclear how long they contain to comply with the court's ruling. However, there were reports of court clerk offering licences only an ho
Some Republican lawmakers boost calls against queer marriage SCOTUS ruling
Conservative legislators are increasingly speaking out against the Supreme Court’s landmark 2015 verdict on same-sex marriage equality.
Idaho legislators began the trend in January when the state House and Senate passed a resolution calling on the Supreme Court to reconsider its decision -- which the court cannot do unless presented with a case on the issue. Some Republican lawmakers in at least four other states like Michigan, Montana, North Dakota and South Dakota acquire followed suit with calls to the Supreme Court.
In North Dakota, the resolution passed the mention House with a vote of 52-40 and is headed to the Senate. In South Dakota, the state’s Dwelling Judiciary Committee sent the proposal on the 41st Legislative Day –deferring the bill to the final day of a legislative session, when it will no longer be considered, and effectively killing the bill.
In Montana and Michigan, the bills acquire yet to confront legislative scrutiny.
Resolutions hold no legal command and are not binding law, but instead allow legislative bodies to declare their collective opinions.
The resolutions in four other states ech