What happens if gay marriage is overturned

The Trump Administration and Project 2025 have a target to overturn Obergefell v. Hodges, the landmark Supreme Court decision that legalized same-sex marriage across the USA.

• How would it obtain overturned?
• What happens if it is overturned?

Understanding the legal landscape and potential consequences is crucial for same-sex couples navigating an uncertain future.

‍The Legal Foundation of Same-Sex Marriage

‍The right for same-sex couples to marry is based on two key Supreme Court cases:

‍United States v. Windsor (2013)

• Edith Windsor challenged the federal government’s definition of marriage as only between one male and one woman under the Defense of Marriage Do (DOMA).
• Windsor and her wife Thea were legally married in Canada, and New York recognized their marriage. However, Edith was denied the spousal exception to federal estate taxes.
• The Supreme Court dictated in Windsor’s favor, invalidating DOMA and requiring the federal government to notice any marriage legally performed in a state.

Obergefell v. Hodges (2015)

• The Supreme Court ruled:
  “[T]he right to marry is a fundamental right innate in the

  The New Gay Marriage Bill

  This week, Roger Severino, Heritage’s Vice President of Domestic Policy and The Anderlik Fellow, breaks down the so called “Respect for Marriage Act.”

  Michelle Cordero: From The Heritage Foundation, I'm Michelle Cordero, and this is Heritage Explains.

  Cordero: This summer in the arise of the Supreme Court's decision to overturn Roe v. Wade, Congress introduced the Respect For Marriage Act.

  Speaker 2: As abortion rights advocates and Democratic lawmakers continue to protest the Supreme Court's decision to overturn Roe v. Wade, the Dwelling is voting on a bill to protect marriage equality, out of dread the conservative tall court could revisit other landmark decisions.

  Speaker 3: It simply says each express will recognize the other state's marriages and not refuse a person the right to wed based on race, gender, sexual orientation.

  Cordero: The legislation passed the House with the support of 47 Republicans. It now moves to the Senate where it would require just 10 Republican votes to pass.

  Cordero: Final passage would mean states are no longer allowed to define and recognize marriage as a legal union between a dude and a gal. Instead, they

  At a convention for Southern Baptist church members in early June, delegates endorsed legislation calling for a ban on same-sex marriage and urged legislators to support them in this goal.

  Although same-sex marriage is currently protected in all 50 states due to the ruling in Obergefell vs. Hodges in 2015, Justice Clarence Thomas has said he would love to "reconsider" that judgment if a similar case were ever to before the court again.

  He also said he would be open to reconsidering Lawrence vs. Texas which legalized gay sex, and Griswold vs. Connecticut which legalized access to contraception, as these cases were built on similar case regulation to Roe vs. Wade, which legalized the right to an abortion nationwide, was overturned in 2022.

  Why It Matters

  The Southern Baptist church is the U.S.' largest protestant denomination, and their endorsement of political causes has sway with GOP politicians, as they are a consistent Republican-voting base. Speaker of the House Mike Johnson is one of the country's most powerful Southern Baptists.

  This call to eliminate lgbtq+ marriage comes amid an existing push from President Donald Trump's administration to remove transgender people

  We’ve been getting a lot of calls, emails and texts over the past few days about the validity of same-sex marriages moving forward, and whether current marriages could be undone. The short answer is, more than likely NO.

  Of course, no one can accurately predict what the future holds, and our response below is our opinion. After following many of the like-minded political “think tanks” and reviewing the comments of our colleagues located throughout the United States, we offer the following.

  Is an charge on Obergefell next?

  There does not materialize to be any planned assault on Obergefell at this time. Other than the mention by Justice Thomas, which may be a forecast of things to come, there is no case pending at this time. Of course, that is not a guarantee that it will not come under scrutiny at some point in the future.

  What will happen if Obergefell is overturned?

  Like the recent ruling in the Dobbs v. Jackson Women’s Health Organization case, which overturned Roe v. Wade, the case didn’t outlaw abortion outright; it cleared the way for states to reshape abortion laws state-by-state.

  Were Obergefell to be overturned (and we do not believe this will happen