Arkansas could ban same-sex marriage if Obergefell is vacated
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More than two dozen U.S. states have laws that would limit marriage equality if the Supreme Court overturned its legalization of gay marriage, yet it's not clear how that would play out in Arkansas
Why it matters: Today is the 10th anniversary of Obergefell v. Hodges, the case that legalized same-sex marriage, and access to marriage equality faces increasing opposition today.
Zoom in: Arkansas Lawmakers banned same-sex marriage in 1997, but a lawsuit was filed in 2013 and the ban was overturned by a district judge in 2014. That ruling was temporarily stayed while the state appealed the judge's decision.
- The state Supreme Court dismissed the appeal in 2015 after the federal ruling, declaring it moot.
- Both sides could resume legal arguments before state courts if the Supreme Court overturned the federal ruling.
By the numbers: Nationally, 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, in 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 is overturned.
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