Marriage equality could vanish in KS and MO if Obergefell falls
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If the Supreme Court's 2015 decision in Obergefell v. Hodges were overturned, same-sex marriage could be banned again in more than half the country, including in Kansas and Missouri.
Why it matters: The 10-year anniversary of Obergefell v. Hodges just passed — but marriage equality is far from settled.
Catch up quick: In 2024, a bill that would have struck the "one man, one woman" phrasing from Kansas state statutes failed 43-61, effectively leaving the ban intact if marriage equality ever falls.
- Missouri lawmakers introduced a bill in 2025 to wipe the state's same-sex marriage ban off the books, but it never made it out of committee.
By the numbers: 32 states have constitutional and/or legislative bans on marriage equality, which are 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 erode 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.
Context: In 2022, Supreme Court Justice Clarence Thomas, 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.
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