Here's where same-sex marriage would be banned without Obergefell
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More than two dozen U.S. states have trigger laws that would limit marriage equality if the Supreme Court overturned its legalization of gay marriage.
Why it matters: On the 10 year anniversary of Obergefell v. Hodges, access to marriage equality faces increasing opposition.
By the numbers: 32 states have constitutional and/or legislative bans on marriage equality — currently unenforceable because of the 2015 Supreme Court ruling.
- This means about 60% of LGBTQ+ adults live in states where access to marriage equality would change if Obergefell were struck down, according to the Movement Advancement Project.
Driving the news: Republican lawmakers this year have backed ballot measures to undermine same-sex couples' right to marry.
- Measures seeking to reverse the Obergefell decision have been introduced in Idaho, Michigan, Montana, North Dakota and South Dakota, NBC News reported in February.
- In Missouri, Oklahoma, Tennessee and Texas, lawmakers have introduced bills that don't explicitly refer to the Supreme Court ruling but would create a category called "covenant marriage" for one man and one woman.
The other side: Ballot initiatives have cropped up in Idaho, Nebraska, Virginia and Arizona to let voters decide on marriage equality in 2026 elections— in response to anti-same sex marriage efforts.
Context: Supreme Court Justice Clarence Thomas in 2022, while overturning Roe v. Wade, said the court "should reconsider" its opinions protecting same-sex relationships and same-sex marriage.
- Thomas, one of the court's conservative justices, wrote in a concurring opinion that they should revisit other precedents decided under substantive due process to "correct the error."
Zoom out: Later that year, Congress passed the Respect for Marriage Act, which codified the right to same-sex and interracial marriages.
- But the law does not prohibit states from taking steps to ban or restrict same-sex marriage if Obergefell were overturned.
Go deeper: U.S. companies end Pride sponsorships as anti-DEI pressure mounts
