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By Jenna Sundel
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Lawmakers in the state of Idaho voted to advance a resolution on Tuesday calling on the Supreme Court to overturn its ruling legalizing same-sex marriage, a measure that has been proposed in multiple states.
Lawmakers in at least nine states have introduced measures asking the Supreme Court to overturn its ruling in Obergefell v. Hodges, which granted same-sex couples nationwide the right to marry, or codify marriage as being between a man and a woman.
These states are Michigan, Idaho, Montana, North Dakota, South Dakota, Missouri, Oklahoma, Tennessee and Texas.
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Why It Matters
Obergefell v. Hodges is a landmark Supreme Court ruling that legalized same-sex marriage in 2015.
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The Supreme Court declined to hear a new challenge to same-sex marriage last year. Kim Davis, a Kentucky court clerk who refused to issue marriage licenses to same-sex couples, filed an appeal to the highest court. The justices denied the petition without comment in November.
The current court has a 6-3 conservative majority, greater than the 5-4 conservative majority the court had when same-sex marriage was legalized.
A May 2025 Gallup poll found that 68 percent of Americans support same-sex marriage. The poll also found that Republican support for same-sex marriage is at 41 percent, down 14 percentage points from its peak of 55 percent in 2021.
What To Know
The measure in Michigan, introduced last year by state Republican Representative Josh Schriver, intended to urge the Supreme Court to overturn the Obergefell ruling. The measure was referred to the Committee on Government Operations and has not yet been passed, according to Michigan Legislature records.
A similar measure in Montana was tabled by the Senate Judiciary Committee last year, the Daily Montanan reported. The proposal, introduced by state Republican Representative Bob Phalen, died in process, according to Montana Legislative Services.
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Last year, the North Dakota Senate rejected a measure that would have asked the Supreme Court to overturn Obergefell. The state’s House passed the measure, but it failed 16-31 in the Senate. The proposal was introduced by state Republican Representative Bill Tveit.
Another proposal calling for the Supreme Court to overturn the 2015 landmark decision failed to pass in South Dakota. In a 9-4 vote, the House Judiciary Committee sent the proposal to the 41st Legislative Day, effectively killing it, KELO reported. The resolution was brought forth by state Republican Representative Tony Randolph.
The proposals in Missouri, Oklahoma, Tennessee and Texas do not refer to Obergefell but would create a category for marriage called “covenant marriage” that would be only for one man and one woman if signed into law, NBC News reported.
What People Are Saying
Idaho Republican Representative Tony Wisniewski, the resolution's sponsor, said on the House floor during debate on Tuesday, per the Idaho Capital Sun, the Obergefell decision "ultimately resulted in a violation of religious rights of individuals and companies."
Idaho House Minority Leader Ilana Rubel, a Democrat from Boise, said after the vote that the move was "at best, a waste of time and money. But I think it is much worse than that. It is, affirmatively, very harmful and hurtful to Idahoans. It's harmful to the thousands of same-sex married couples in Idaho, many of whom have been married for 10 years or more."
What Happens Next
Idaho’s proposal to urge the Supreme Court to overturn Obergefell advanced to the Idaho Senate. If adopted, it would act only as a formal request and would not change current law, unless the Supreme Court reverses its ruling.
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