Will gay marriage get overturned

The Supreme Court could overturn its landmark ruling that established a nationwide right to same-sex marriage if a case addressing the matter is brought before it, experts told Newsweek.

Why It Matters

Last month, Idaho lawmakers approved a resolution that called for the Court to undo its Obergefell v. Hodges decision that declared a constitutional right for same-sex couples to marry.

After President Donald Trump appointed three conservative justices to the Court in his first term, cementing a conservative supermajority, the Court overturned Roe v. Wade in stripping away the constitutional right to an abortion. Since then, there have been concerns that the Court's conservative justices could verb away with other rights, including the right to same-sex marriage.

Clarence Thomas and Samuel Alito, two conservative justices who dissented in Obergefell v. Hodges, have suggested that the decision should be reconsidered.

What To Know

Gallup polling shows that a majority of Americans continue to believe marriage between same-sex couples should be legal (69 percent), though

After K gay marriages, Americans are still fighting for rights 10 years later

  • Several states have introduced resolutions or bills challenging same-sex marriage, while others have unenforceable bans that could be reinstated if the Supreme Court overturns Obergefell v. Hodges.
  • Public support for same-sex marriage remains high, but there are ongoing legislative efforts targeting the LGBTQ+ community, particularly transgender individuals.
  • Legal experts believe overturning Obergefell is possible, highlighting the vulnerability of LGBTQ+ rights.

Ten years ago, Ohioan Jim Obergefell catapulted into the national spotlight as the guy who took gay marriage to the U.S. Supreme Court and won the right for millions of people enjoy him and his husband.

A decade later Obergefell, who was born in Sandusky and lived in Cincinnati, is worried about a fierce backlash against diversity, equity and inclusion, transgender Americans and marriage equality.

In 10 states, express legislators have attacked same sex marriage by introducing resolutions urging the U.S. Supreme Court to overturn the landma

Some Republican lawmakers increase calls against gay marriage SCOTUS ruling

Conservative legislators are increasingly speaking out against the Supreme Court’s landmark ruling 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 include followed suit with calls to the Supreme Court.

In North Dakota, the resolution passed the articulate House with a vote of and is headed to the Senate. In South Dakota, the state’s House 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 have yet to face legislative scrutiny.

Resolutions have no legal command and are not binding law, but instead allow legislati

A decade after the U.S. legalized gay marriage, Jim Obergefell says the fight isn't over

Over the past several months, Republican lawmakers in at least 10 states have introduced measures aimed at undermining same-sex marriage rights. These measures, many of which were crafted with the help of the anti-marriage equality group MassResistance, seek to ask the Supreme Court to overturn Obergefell.

MassResistance told NBC News that while these proposals face backlash and wouldn’t change policy even if passed, keeping opposition to same-sex marriage in the public eye is a win for them. The group said it believes marriage laws should be left to states, and they scrutinize the constitutional basis of the 5-to-4 Dobbs ruling.

NBC News reached out to the authors of these state measures, but they either declined an interview or did not respond.

“Marriage is a right, and it shouldn’t depend on where you live,” Obergefell said. “Why is queer marriage any different than interracial marriage or any other marriage?”

Obergefell’s journey to becoming a leader for same-sex marriage rights