- 5 states propose resolutions urging SCOTUS to reconsider 2015 marriage equality ruling
- 69% of Americans support same-sex marriage per latest Gallup data
- 2022 Respect for Marriage Act provides federal safeguards if Obergefell falls
The political landscape surrounding LGBTQ+ rights faces renewed turbulence as Republican lawmakers intensify efforts to challenge the Supreme Court's historic Obergefell v. Hodges decision. Since January, legislators in Idaho, Michigan, Montana, and the Dakotas have proposed non-binding resolutions questioning the constitutional basis for nationwide marriage equality.
Michigan's House Resolution 225 exemplifies this trend, with primary sponsor Rep. Josh Schriver claiming traditional marriage definitions are essential for population growth. Our faith-based constituents deserve protection from federal overreach,Schriver stated during a Lansing press conference. However, local Democrats like Rep. Mike McFall counter that these measures waste legislative resources: While families struggle with inflation, my colleagues prioritize discrimination disguised as states' rights.
Legal analysts highlight three critical developments shaping this debate:
- Clarence Thomas's 2022 Dobbs opinion inviting challenges to substantive due process precedents
- 24 states maintaining unenforced anti-same-sex marriage laws per Movement Advancement Project
- South Dakota's tactical delay killing their resolution without floor vote
The North Dakota House's 52-40 approval of Measure 3121 demonstrates regional divisions. Supporters argue the Tenth Amendment reserves marriage policy for states, while opponents note the 14th Amendment's equal protection clause. This tension mirrors pre-Obergefell litigation patterns, though public opinion has shifted dramatically – 64% now view same-sex relationships as morally acceptable.
Industry Insight: Family law attorneys report 22% increase in LGBTQ couples seeking second-parent adoptions since Dobbs, suggesting waning confidence in federal protections despite 2022 legislation.
Regional Spotlight: Michigan's stalled resolution reveals strategic divides within GOP ranks. While social conservatives push symbolic measures, business-focused Republicans reportedly worry about talent recruitment in competitive tech and healthcare markets.
Constitutional scholars emphasize that while state resolutions lack legal weight, they could influence future litigation. These measures create a paper trail to justify standing if SCOTUS reopens marriage cases,explained UMich law professor Emily Waters. The Court would need specific case controversy to reconsider Obergefell – a scenario LGBTQ advocates call unlikely but worth monitoring.