Homosexual marriage is attacked by state legislators, embraced by anti-LGBTQ + measures and the will of the supreme courts to overthrow the previous one

Homosexual marriage, which the United States Supreme Court in 2015 legalized nationally in the case known as Obergefell v. Hodges, is faced with resident hostility.

During the decade which followed the decision of the courts, public support for homosexual marriage increased. Currently, around 70% of Americans legally approve the weddings of same -sex couples, a 10 percentage bump compared to 2015.

Obergefell has led to an increase in weddings among same -sex partners, with more than 700,000 same -sex couples currently married.

Despite this, the republican legislators of five states recently introduced symbolic bills calling on the Supreme Court to cancel its decision to Obergefell.

And the republican legislators of two states have proposed legislation which creates a new wedding category, called Covenant Marriage, reserved for a man and a woman.

As a teacher of legal studies, I believe that such attacks against homosexual marriage represent a serious threat to the institution.

And others share my concern.

A survey in 2024 on same -sex couples revealed that 54% of respondents feared that the Supreme Court reverses Obergefell, with only 17% saying that they did not provide for such a challenge.

Recognizing this fear, Michigan Democratic legislators called on the State to adopt a ballot initiative to protect homosexual marriage. The initiative would repeal part of the state constitution which prohibited homosexual marriage, but which was invalidated by the subsequent Obergefell decision. If Obergefell was canceled, this prohibition in the constitution of Michigan would come back into force.

And a law firm in Missouri helps LGBTQ + couples to establish medical proxy plans in the event that Obergefell is reversed.

Here is what the current attacks against homosexual marriage knows.

The applicant James Obergefell of Ohio, center, wins his eyes after having left the Supreme Court of Washington on April 28, 2015, following arguments in the right court of gay couples and lesbians to marry. AP Photo / Cliff Owen What happens if the anti-Obergefell legislation is adopted?

Currently, two types of laws have been introduced by the legislators of the Republican State.

First, symbolic legislation that calls on the Supreme Court to cancel Obergefell was introduced into Idaho, Michigan, Montana, Northern Dakota and South Dakota.

This legislation is symbolic, because the legislatures of the States have no control over what the Supreme Court does. And even if it is adopted, legislation does not directly threaten the legality of homosexual marriage in these states because it does not deal with the laws on the marriage of these states.

But if it becomes law, this legislation sends a clear signal that if Obergefell was canceled, these states could quickly promulgate legislation prohibiting homosexual marriage. For a state like Michigan, whose constitutional language defining marriage between a man and a woman is still in books, the status quo would come back immediately to prohibit homosexual marriage, there would be no legislative vote.

Second, Missouri and Tennessee legislators introduced legislation that would create a new wedding category that would only be available for opposite sex couples. The so-called marriage of the Alliance would require couples who choose this type of marriage to undergo advice before getting married and creates important obstacles to divorce themselves, except in very specific circumstances, such as marital violence.

The sponsor of the Tennesse of legislation, the representative Gino Bulso, a republican, was cited on Knoxnews.com saying that his legislation aims to challenge the US Supreme Courts Deliciously wrong in 2015 in Obergefell v. Hodges. According to Bulso, the bill is not no nothing or anyone. He simply recognizes the natural order of things.

Given that this version of the wedding of alliance excludes same -sex couples, they would be denied access to alliance weddings, although they would always have access to more traditional forms of marriage.

Timing of attacks

The efforts of state-of-the-art republican legislators to review homosexual marriage prohibitions are part of a broader attack on LGBTQ + rights which take place in the United States

The time of these efforts is mainly motivated by two factors: Donald prevails over the second mandate as president and the decision of the Supreme Courts 2022 in Dobbs v. Jackson, who canceled the constitutional guarantee of the right to an abortion.

During his first mandate, Trump promulgated harmful policies for the LGBTQ +community, involving in particular health care and transgender rights.

But the Biden administration has reversed most of these policies.

In his second term, Trump increased his hostility to the LGBTQ +community, following an electoral campaign in which he made transgender rights a corner problem. This includes the cancellation of more than $ 125 million in federal subsidies linked to LGBTQ + health programs and stopping the application of the equal access rule, a federal policy that has provided access to federal housing programs, whatever gender identity.

In turn, it embarked on republican legislators to target homosexual marriage and other protections for the LGBTQ +community.

The decision of the supreme courts to cancel Roe v. Wade in Dobbs c. Jackson is the other motivating key factor when attacks against homosexual marriage.

The legislators of Tennessee Statehouse, seen here, have introduced legislation that would create a new wedding category that would only be available for opposite sex couples. AP Photo / George Walker IV

In Dobbs, the conservative majority of the courts indicated his desire to review and cancel the previous ones with which he disagreed, even if these previous ones were supported by a large majority of the public, as was the case for Roe.

In addition, the Supreme Court judge Clarence Thomas wrote a competitor opinion in Dobbs in which he argued that the Supreme Court should apply the logic used to cancel ROE to reconsider other decisions, including Obergefell. Although Thomas' competing opinion does not have the strength of the law, it nevertheless sent what some judicial observers say they are a clear message to the opponents of homosexual marriage that at least one judge has an appetite to reconsider Obergefell.

Reaffirm or reject?

If the Supreme Court agrees to hear a challenge to Obergefell, one of the two main results is likely.

First, the court could reaffirm Obergefell. This would probably put an end to most republican attacks against homosexual marriage and maintain the status quo by prohibiting states from prohibiting homosexual marriage.

It would also serve to reveal the moderate Supreme Court, which could improve its ratings of public approval historically.

Second, the court could cancel Obergefell. If the majority of judges did it, I think they would almost certainly use the same logic used to reverse Roe c. Wade. In other words, the conservative majority of the courts could argue that the Constitution does not recognize marriage as a fundamental right, and therefore it is up to the States to regulate and define marriage, in particular by prohibiting same -sex couples from obtaining marriage licenses.

Under the marriage law, however, signed by President Joe Biden in 2022, states prohibit homosexual marriage should recognize same -sex weddings carried out in other states, as is the federal government.

The main thing is that prevailing on the second mandate and conservative activism of the supreme courts lit a fire in certain republican legislators, which aim for homosexual marriage in the context of a broader attack on LGBTQ +rights.

In the event of success, these efforts would be a dramatic blow to the progress made to LGBTQ + equality in the past two decades.

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