What would overturning Obergefell do?
Asked by: Columbus Schinner | Last update: June 14, 2026Score: 4.4/5 (75 votes)
Overturning Obergefell v. Hodges would end the federal constitutional right to same-sex marriage, returning the authority to decide on marriage equality to individual states, potentially reinstating bans in many states and creating a patchwork of laws where validity of marriages could differ by location, though the federal Respect for Marriage Act (RFMA) would still require states and the federal government to recognize marriages validly performed in other states, preventing immediate invalidation of existing unions but creating significant legal and emotional uncertainty.
What happens if the Supreme Court overturns Obergefell?
If Obergefell were ever overturned, couples could still marry in many states, and their marriages would continue to be fully recognized nationwide thanks to the Respect for Marriage Act.
What case did Obergefell overturn?
Same-sex couples may exercise the fundamental right to marry. Baker v. Nelson is overruled. The State laws challenged by the petitioners in these cases are held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples.
Is Obergefell unconstitutional?
Obergefell v. Hodges, 576 U.S. 644 (2015), is the Supreme Court decision issued on June 26, 2015, that in a 5–4 ruling held state bans on same-sex marriage and state refusals to recognize marriages lawfully performed elsewhere unconstitutional under the Fourteenth Amendment.
What are the arguments against Obergefell?
Conservatives criticize Obergefell for many reasons: they object to judicial review of unenumerated rights; they disagree with the opinion's definition of marriage; and they worry the opinion's reasoning will limit religious liberty.
Overturn Obergefell and change EVERYTHING!
Did Obergefell impact religious freedom?
Obergefell vs. Hodges does not impact the rights of religious institutions to determine who to marry. It recognizes that loving gay couples have the right to enter into civil marriage. Thus religious liberties are upheld and the separation of church and state remains.
Which justices voted against Obergefell?
Judgment: Reversed, 5-4, in an opinion by Justice Kennedy on June 26, 2015. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia and Thomas joined. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.
How likely is it that Obergefell gets overturned?
Unless and until the Court agrees to hear it and then issues a ruling, Obergefell remains the law of the land. Even if the Court agrees to hear the case, it is very unlikely to overturn such a recent decision. A federal law exists to protect already-existing marriages in the event Obergefell is overturned.
What impact did Obergefell v. Hodges have?
On June 26, 2015, the U.S. Supreme Court ruled that all same-sex couples are guaranteed the right to marry, which extended legal marriage recognition to same-sex couples throughout the United States. Major events such as this have the potential to directly affect the emotional well-being of LGBT people.
What LGBTQ+ rights issue did the Supreme Court resolve in Obergefell v. Hodges?
The justices have scheduled a private conference on November 7, 2025, to decide whether they will hear a case that directly challenges Obergefell v. Hodges. This was the 2015 decision that legalized same-sex marriage nationwide, under the Fourteenth Amendment's clauses of due process and equal protection.
Will Scotus revisit Obergefell?
Supreme Court declines to revisit gay marriage decision The challenge to the court's 2015 ruling came from Kim Davis, the former Kentucky clerk who refused to issue same-sex licenses after the court's Obergefell v. Hodges decision, which recognized a constitutional right to same-sex marriage.
How much are the legal fees for Kim Davis?
Kim Davis, the former Kentucky county clerk who refused to issue marriage licenses to same-sex couples, has been ordered to pay over $360,000 in legal fees and costs. Davis's refusal to comply with the Supreme Court ruling led to her being held in contempt of court and spending five days in jail.
What did Roberts dissent in Obergefell?
Roberts, Jr. wrote a dissent in which he argued that, while same-sex marriage might be good and fair policy, the Constitution does not address it, and therefore it is beyond the purview of the Court to decide whether states have to recognize or license such unions.
What are the rights of the Lgbtq?
Among others, LGBT+ rights include: physical integrity rights, such as not being executed for their sexuality or gender and not being subjected to conversion therapies; social rights, such as changing their legal gender, being sexually intimate, marrying, and adopting children with people of the same sex; economic ...
What significant event took place on June 26, 2015?
On June 26, 2015, America underwent a day of momentous change and celebration when The Supreme Court ruled in favor of marriage equality – ruling same-sex couples had the constitutional right to marry.
What did the Supreme Court rule in 2015 in regards to marriage?
In 2015, shortly after the Supreme Court recognized a constitutional right to same-sex marriage in Obergefell v. Hodges, a local county clerk from Kentucky made national headlines when she refused on religious grounds to issue a marriage license to a gay couple, David Moore and David Ermold.
What was the reason for the Obergefell case?
Summary. Jim Obergefell and others sued for recognition of their same-sex marriages, which were legal in the states where they were married but illegal in other states. The denial of marriage impedes many legal rights and privileges, such as adoptions, parental rights, and property transfer.
How has the Supreme Court viewed the issue of LGBT rights?
The Supreme Court extended LGBTQ+ rights rapidly. A span of less than three decades separates a decision upholding a state law criminalizing homosexual conduct from the decision that legalized gay marriage nationwide.
Does Obergefell apply retroactively?
The Comment concludes that Obergefell retroactively applies to all pending and future property cases, even if the relevant transaction took place before Obergefell, with three exceptions: (1) when government agencies refuse to give the requested benefits to all married couples, whether opposite-sex or same-sex, (2) ...
How long will the Supreme Court be in recess?
The Court is, typically, in recess from late June/early July until the first Monday in October.
What if Obergefell is overturned?
If Obergefell v. Hodges were overturned, the federal right to same-sex marriage would end, returning decisions to states, potentially reactivating bans in many states and creating a patchwork of laws, but existing marriages would still be recognized federally and across state lines due to the Respect for Marriage Act (RFMA), which requires all states to recognize marriages validly performed elsewhere, preventing immediate nationwide invalidation of marriages but complicating future licensing.
Who actually overturned Roe versus Wade?
The U.S. Supreme Court, in the case of Dobbs v. Jackson Women's Health Organization, overturned Roe v. Wade, with a majority opinion written by Justice Samuel Alito and joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett; Chief Justice John Roberts concurred in the judgment but not the full reasoning, while Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented. This 6-3 decision in June 2022 eliminated the federal constitutional right to abortion, returning the authority to regulate or ban abortion to individual states.
When was the last time the Supreme Court had a liberal majority?
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is widely regarded as the most liberal Supreme Court in U.S. history and marks the last period in which liberals held clear control of the Court.
Is Obergefell in danger of being overturned?
Obergefell v.
Only the Supreme Court can reverse it, and there is currently no case before the Court seeking to do so. The Court denied certiorari in a discredited petition that sought to overturn this landmark victory in Nov. 2025. Proposals in states like Idaho and Texas cannot override this constitutional right.