Oregon ban on same-sex marriage unlikely even if court reverses Obergefell

More than two dozen U.S. states have laws that could limit marriage equality if the Supreme Court overturned its legalization of same-sex marriage, but a reinstatement of Oregon's previous ban is unlikely.

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 (MAP).

Zoom in: Same-sex marriage was banned in Oregon's constitution in 2004, but the ban was ruled unconstitutional by a U.S. District Judge in 2014.

• Yes, but: Oregon's defunct ban could theoretically resurface without federal protections, though it would likely be repealed by the state's overwhelmingly Democratic majority.

What they're saying: The 2014 decision was from a lower federal court and is based on federal law, Logan Casey, director of policy research at MAP, told Axios.

• "If Obergefell were overturned, it would call into question all those lower federal court rulings that relied on the same logic — including Oregon's," Casey said.

Context: Supreme Court Justice Clarence Thomas in 2022, while overturning Roe v. Wade, said the court "should reconsider" its opinions protecting same-sex marriage.

• 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.