All the facts about landmark US same-sex marriage case Obergefell v. Hodges – can it be overturned?

Many people, when asking “when was gay marriage legalised in the US?” may be surprised to discover that marriage equality in America is actually a relatively recent development – in place for less than a decade.

On Friday June 26, 2015, queer Americans celebrated as the US Supreme Court ruled that same-sex marriage is, indeed, a constitutional right – paving the way for weddings in all 50 states.

The highest court in the US caught many by surprise on that historic day with their early decision on same-sex marriage, after hearing ‘mega-case’ Obergefell v. Hodges.

Jim Obergefell is an LGBTQ+ rights activist and was the lead plaintiff in Obergefell v. Hodges. His legal battle began after his home state of Ohio refused to recognize his marriage to his terminally ill partner, John Arthur.

A ruling had not been expected until Monday from the nine Supreme Court justices, but the news soon emerged that Obergefell had won by a vote of 5-4. Equal marriage had been found to be a constitutional right.

The landmark Obergefell v. Hodges ruling meant that all states must, from then on, recognise same-sex marriage, and all remaining state bans on marriage equality were found to be unconstitutional.

It was a huge victory for LGBTQ+ people, and marked a significant leap in the availability of legally recognized same-sex marriage in the US- from just one state (Massachusetts), in 2004 to all of them in 2015.

Massachussetts led the way when the state’s Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional under the state constitution to restrict marriage on the basis of sex. Following that ruling, On May 17, 2004, Massachusetts became the first US state to legalize same-sex marriage.

This lit a fire beneath campaigners, and the pressure on remaining states expanded steadily for a decade until, by 2014, lawsuits had been brought in every state that still denied marriage licenses to same-sex couples.

In 2015, the Obergefell v. Hodges ruling caused the US to become the seventeenth country in the world to allow same-sex couples to marry nationwide. But could this hard-won right now be rolled back? Sadly, yes.

Could gay marriage be overturned in the US?

Since Donald Trump’s return to power, multiple Republican politicians in several states have introduced various measures encouraging the Supreme Court to strike down Obergefell v. Hodges.

Five of the measures, including one introduced by Republican senator Josh Schriver in Michigan on Tuesday (25 February), are calling on the Supreme Court to overturn the landmark ruling that granted equal marriage rights across the country almost a decade ago.

According to NBC News, the states which have introduced measures explicitly seeking to reverse Obergefell v Hodges are Idaho, Michigan, Montana, North Dakota, and South Dakota.

Speaking about Shriver’s proposal, Michigan Senator Jeremy Moss said in an X post: “You’ve all seen the buffoons in the MI House attack marriage equality. If Obergefell is overturned, MI snaps back to the ban in our constitution and no new same-sex marriages would be licensed. We must repeal this language.”

Also, Dana Nessel, Michigan’s first out LGBTQ+ attorney general, posted a photo of her wedding ring, alongside the comment: “Come and get it.”

She added in a separate post: “10 years ago, I brought a Michigan case which landed at the US Supreme Court, legalizing marriage equality and adoption rights for same-sex couples nationwide.

“Today, Michigan House Republicans introduced a resolution to overturn those rights. I’m not giving up this fight and I hope you’ll join me.”

Lawmakers in Missouri, Oklahoma, Tennessee and Texas have introduced similar bills on equal marriage – these don’t specifically reference Obergefell v Hodges, but would seek to create a category for marriage called “covenant marriage” which would be only for one man and one woman. 

If the landmark ruling is overturned, it would mean that same-sex marriage rights would be decided on a state-by-state basis, meaning Republican states could look to ban equal marriage once more.

This was seen when Roe v Wade was struck down in 2022; after states were allowed to implement their own laws, almost a dozen around the US quickly moved to ban abortion with no exceptions.

Conservative Supreme Court Justices Clarence Thomas and Samuel Alito have signaled that they believe that the landmark case should be reconsidered.

However, striking down Obergefell could prove a politically damaging move, given the fact that, as of 2024, public support for same-sex marriage in the United States remains strong, with approximately 69% of Americans in favour, according to a recent Gallup poll.

What will happen to same-sex marriages if Obergefell v. Hodges falls?

Same-sex marriage rights were bolstered in late 2022 when President Joe Biden signed the Respect for Marriage Act into law, which “requires that interracial and same-sex marriage must be recognized as legal in every state in the nation.” However, this law doesn’t require states to carry out same-sex unions.

There are “dormant” same-sex marriage bans in 35 states across the country: if Obergefell is overturned, they would again be activated, TIME reports. This would mean access to same-sex marriages would come down to which state you live in – it would no longer be a nationwide constitutional right.

One positive impact of the Respect For Marriage Act means that if a couple was married in a state that allowed same-sex marriage, but then moved to one that didn’t, that state would have to recognise their union as legal.

It’s also worth noting that, if Obergefell v. Hodges were overturned, it would not automatically invalidate existing same-sex marriages. However it would create significant legal uncertainty – and anxiety – for LGBTQ+ married couples in states with re-activated equal marriage bans.

Campaigners have spoken out against these recent moves to chip away at same-sex marriage rights, with Human Rights Campaign’s vice president for legal affairs Sarah Warbelow describing the measures as “cruel”.

“Extremist attacks have become de rigueur, and LGBTQ+ Americans are right to be concerned about their escalation,” Warbelow told The Advocate.