Several conservatives are pushing efforts to overturn the Supreme Court ruling that enshrines same-sex marriage in the United States, with conservative Christian lawyer Mat Staver declaring, "It's not an if, it's just a matter of when."
Why It Matters
June marks the 10th anniversary of the landmark Supreme Court decision Obergefell v. Hodges, which ruled that same-sex couples have the right to marry and that states cannot prohibit them.
Some lawmakers, including an Oklahoma State Senator, and other anti-LGBTQ activists have pushed for the case to be overturned. Supreme Court Justices Clarence Thomas and Samuel Alito have signaled in a court dissent that the case should be reconsidered.
A majority of Americans support same-sex marriage, though a 2024 Gallup poll found Republicans are less likely to back it than Democrats.
What To Know
People have protested Obergefell and its enshrinement of same-sex marriage rights since it was first decided. Since the court's 5-4 ruling, it has shifted to a more conservative majority after President Donald Trump appointed three justices during his first term. The court has also overturned previous decisions, most notably the abortion rights established in Roe v. Wade in 2022.
However, same-sex marriage rights were bolstered in late 2022 when Congress passed, and President Joe Biden signed into law, the Respect for Marriage Act. The law "requires that interracial and same-sex marriage must be recognized as legal in every state in the nation," the president said.
Staver, chairman of the conservative Christian ministry Liberty Counsel, which advocates for anti-LGBTQ policies, said in a video appearance on World Prayer Network Wednesday night, that we're at "a ripe time to overrule Obergefell."
He argued that "there is no so-called constitutional right in the Constitution to same-sex marriage, that's ridiculous." Staver then said, "It's not an if, it's just a matter of when" Obergefell will be overruled.
Efforts to chip away at the ruling are also taking place legislatively. Earlier this month, Oklahoma State Senator David Bullard introduced a bill seeking to provide tax credits to families with "eligible dependent child" which it defines as someone under 19 years old and "is a natural child of both of the taxpayers."
He spoke about the bill's impetus Thursday on Jenna Ellis In the Morning, saying "The reality is we have to push back on Obergefell."
He continued, "If we wait too long on that Obergefell ruling to start actually sending things back up and challenging that stance that somehow we have to all get along and say that same-sex marriage is okay, it's going to be too late at some point for us to push back."
Newsweek has reached out to GLAAD for comment via email on Friday evening.
Earlier this year, Idaho Representative Heather Scott, proposed a draft memorial urging the U.S. Supreme Court to reconsider Obergefell v. Hodges, in a bid to "restore federalism."
A 2024 Gallup poll found that 69 percent of Americans support legal same-sex marriage, with more support among Democrats than Republicans. It found that 83 percent of Democrats support same-sex marriage, 74 percent of independents, and 46 percent of Republicans.
What People Are Saying
The American Civil Liberties Union (ACLU) said in a X, formerly Twitter, post in 2022 following the passage of Respect of Marriage Act: "The bill ensures federal recognition of marriage regardless of the sex, race, ethnicity, or national origin of either spouse. The bill does not, however, codify the right of same-sex couples to marry in all 50 states, as the Supreme Court deemed constitutionally required in Obergefell v. Hodges. If Obergefell is overturned, states would still be able to deny marriage licenses to LGBTQ couples."
Idaho Representative Heather Scott said at the January hearing, per The Idaho Stateman: "The purpose of this resolution is just to affirm our state authority to regulate marriage."
What Happens Next
Bullard's bill is pending review in the Oklahoma Senate Revenue and Taxation Committee, which will determine whether it advances to the Appropriations Committee.
As of now, there is no case before the Supreme Court directly seeking to overturn Obergefell.
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