Over the past several months, Republican lawmakers in at least 10 states have introduced measures aimed at undermining same-sex marriage rights. These measures, many of which were crafted with the help of the anti-marriage equality group MassResistance, seek to ask the Supreme Court to overturn Obergefell.
MassResistance told NBC News that while these proposals face backlash and wouldn’t change policy even if passed, keeping opposition to same-sex marriage in the public eye is a win for them. The group said it believes marriage laws should be left to states, and they question the constitutional basis of the 5-to-4 Dobbs ruling.
NBC News reached out to the authors of these state measures, but they either declined an interview or did not respond.
“Marriage is a right, and it shouldn’t depend on where you live,” Obergefell said. “Why is queer marriage any different than interracial marriage or any other marriage?”
Obergefell’s journey to becoming a leader for same-sex marriage rights began with his own love story. In 2013, after his partner, John Arthur, was diagnosed with terminal ALS, the couple decided to wed. They had to charter a medical flight because of Arthur’s health and flew from Ohio, their home state, to Maryland, where same-sex marriage was legal. They married on the tarmac before flying home. However, when they discovered that Ohio would not recognize their marriage on Arthur’s death certificate upon his death, they decided to go to court.
Arthur died before the Supreme Court’s decision was handed down.
“People still stop me and hug me, often crying,” Obergefell said. “They talk about what this decision, what marriage equality, means to them or someone they love.”
Mary Bonauto, one of the attorneys who argued for Obergefell before the Supreme Court, said she doesn’t see any current cases that would upend the ruling.
“There’s no imminent threat to the ruling now, but one doesn’t know if one could emerge,” she said. “I do not have a crystal ball, but what I do know is that the Supreme Court turns down roughly 98% to 99% of the cases it’s asked to take every term. And there are many pressing issues out there.”
Public support for same-sex marriage has grown significantly over the past decade. According to new Gallup polling, 68% of Americans now believe same-sex marriage should be legal. However, support among Republicans has dipped 14 points since 2022, now standing at 41%. The polling shows 88% of Democrats support same-sex marriage. This 47-point gap between the parties is the widest since Gallup started tracking the issue in 1996.