Michigan’s first openly gay state senator, Jeremy Moss (D), warned that a newly introduced resolution condemning Obergefell v. Hodges, though legally unenforceable, signals a broader effort to challenge same-sex marriage rights.
State GOP Representative Josh Schriver introduced the resolution Tuesday, calling the Obergefell ruling unconstitutional. He told Newsweek that his measure is a step toward overturning the decision. Similar resolutions have been introduced in Montana, North Dakota, South Dakota, and Idaho.
Moss urged action to repeal Michigan’s 2004 Marriage Amendment, which bans same-sex unions, warning that if Obergefell is overturned, the state would revert to this ban. He advocates for a public-led ballot initiative or legislative action to safeguard marriage equality.
The Supreme Court, now with a stronger conservative majority, has overturned precedent before—most notably Roe v. Wade in 2022. While Congress passed the Respect for Marriage Act in late 2022, ensuring federal recognition of same-sex marriages, state-level bans could still be triggered if Obergefell falls.
A 2024 Gallup poll found 69% of Americans support same-sex marriage, with backing from 83% of Democrats, 74% of independents, and 46% of Republicans.
Schriver’s resolution is currently in the House Government Operations Committee and would need legislative approval and the governor’s signature to become law.
