8 U.S. States Are Trying to Overturn Same-Sex Marriage in 2025

Apr 4

In 2025, eight U.S. states have either introduced legislation or symbolic resolutions aimed at challenging the Supreme Court’s landmark Obergefell v. Hodges decision, which legalized same-sex marriage nationwide in 2015. While some measures are largely symbolic, others hint at more strategic legal attacks on LGBTQ+ rights. Here’s a breakdown of what each state is doing:

Idaho

In January, Idaho’s House passed House Joint Memorial 1, a resolution asking the Supreme Court to overturn Obergefell. It frames marriage as “between one man and one woman” and appeals to religious and traditionalist values. The bill doesn’t carry legal weight but signals a shift toward more aggressive anti-LGBTQ+ sentiment. Civil rights groups denounced the move, and although it has no immediate effect, it adds pressure to a growing national conversation.

Michigan

Representative Josh Schriver introduced a resolution in February that urges the Supreme Court to revisit Obergefell. While this has little chance of moving forward in Michigan’s Democratic legislature, it reflects a desire by a faction of lawmakers to realign state law with religious definitions of marriage. The proposal has sparked public backlash and strong criticism from Governor Gretchen Whitmer.

North Dakota

The North Dakota House passed a resolution asking the Supreme Court to repeal Obergefell, but the Senate later rejected it with bipartisan opposition. Despite its failure, the effort revealed that many lawmakers are still eager to symbolically oppose same-sex marriage, even if the public and other elected officials disagree.

Montana

Montana’s resolution to overturn Obergefell failed to get through committee. Lawmakers argued that marriage should remain under state jurisdiction, and the resolution called the federal ruling an overreach. Despite being tabled, the proposal shows a continued push in conservative states to reopen settled civil rights issues.

South Dakota

South Dakota legislators introduced a similar resolution this year, calling for the end of federal protections for same-sex marriage. The bill failed early, blocked by both moderate Republicans and Democrats. The defeat came after public outcry and emotional testimony from LGBTQ+ South Dakotans and allies.

Tennessee

Tennessee lawmakers introduced the "Covenant Marriage Act," which defines marriage in a new category—between a man and a woman—with additional counseling and commitment requirements. It’s a way to legally distinguish heterosexual marriage, likely inviting future challenges to the broader marriage equality framework.

Texas

Texas lawmakers proposed a similar "covenant marriage" bill. While it doesn’t directly outlaw same-sex marriage, it creates a parallel legal institution meant to cater to religious conservatives. These efforts are part of a larger trend to chip away at the inclusivity of existing marriage laws.

Oklahoma

Oklahoma lawmakers haven’t introduced a direct resolution to overturn Obergefell but have proposed tax incentives and policies that indirectly benefit heterosexual couples with biological children. These subtle legal maneuvers reflect a strategy to promote "traditional family values" while potentially undermining legal equality for LGBTQ+ families.

Can These Efforts Succeed?

The probability of Obergefell v. Hodges being overturned in the near future remains low. Although the Supreme Court leans conservative, only Justices Thomas and Alito have openly advocated for revisiting marriage equality. The Respect for Marriage Act (2022) also protects existing same-sex marriages by requiring state recognition across state lines—even if Obergefell were overturned.

Public support for same-sex marriage remains high, with over 70% of Americans in favor, according to Gallup. Legal precedent, civil rights protections, and a strong cultural shift toward acceptance make it unlikely that these state-level challenges will undo nearly a decade of progress—at least for now.