Republicans and religious conservatives have been trying for over a decade to overturn Obergefell v. Hodges. The Supreme Court’s landmark 2015 judgment legalized same-sex marriage. However, anti-LBGTQ+ activist Kathy Faust has a “new” plan to get it overturned once and for all: simply prove that marriage equality harms children by denying them a mother and a father.
Along with Faust, notable Republican lawmakers such as Oklahoma State Senator Dusty Deevers have introduced resolutions urging the Supreme Court to revisit and overturn Obergefell. He argues that the ruling contradicts constitutional principles and the traditional definition of marriage as between one man and one woman. Similar proposals and legislative efforts are found in states like Idaho, Montana, and Michigan. These proposals are usually framed as restoring marriage policy control to the states or protecting religious beliefs.
Conservative Christian groups, including the Southern Baptists, have endorsed repealing the legalization of same-sex marriage. They frame their position in terms of “natural law” and reflect broader cultural conservative concerns, such as defunding Planned Parenthood and opposing transgender participation in women’s sports. These groups often claim that marriage equality constitutes persecution against Christians by challenging traditional beliefs.
However, public opinion trends indicate strong support for marriage equality among the general population. The majority of Americans support marriage equality, but Republican support has noticeably declined. It dropped from 55% in 2021 to 41% in 2025, suggesting increasing resistance within the GOP base. Despite this, efforts at the federal level to codify protections for same-sex marriage rights still see some bipartisan backing, though opposition persists among many Republican lawmakers.
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Why is Marriage Equality Significant?
Marriage equality, in the simplest of terms, refers to the legal recognition of marriage between two individuals regardless of their gender or sexual orientation. The Obergefell v. Hodges judgment granted same-sex couples the same rights, benefits, and societal status as opposite-sex couples.
It ensures equal access to over 1,000 federal legal protections, including joint tax filing with a doubled standard deduction, spousal health insurance, Social Security benefits, and inheritance rights without wills. Marriage equality also boosts personal well-being, with 83% of married same-sex couples reporting improved safety and security, 75% noting higher life satisfaction, and 67% citing greater relationship stability. Economically, it has generated up to $125 billion for the US economy since 2004 through wedding spending, supported jobs, and higher household net worth.
A May 2025 Gallup poll shows 68% of Americans support same-sex marriage, with Pew Research (2023-2024) at 67% overall. 88% of Democrats, 76% of Independents, and 41% of Republicans have supported marriage equality. Support has grown post-Obergefell v. Hodges, now including 823,000 married same-sex couples raising nearly 300,000 children, up over 60% since 2015. These figures underscore broad acceptance despite partisan divides, reducing discrimination and affirming LGBTQ+ equality.
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Why Does GOP Leadership Oppose Marriage Equality Despite Public Support?
GOP leadership opposes same-sex marriage despite majority public support, primarily due to ideological commitments to traditional marriage, religious beliefs, and a push to restore state control over marriage laws rather than federal control.
Many Republicans align with conservative Christian views that define marriage by “natural law” or biblical principles. They view Obergefell as an overreach that imposes secular values on states and persecutes religious freedoms.Other lawmakers argue that marriage policy should revert to the states, not the Supreme Court. The sentiment builds on post-Dobbs momentum to challenge substantive due process precedents like Obergefell.
The GOP might also be catering to the declining conservative voter support. Their focus shifted from prioritizing broader public opinion to more cultural issues. The Republican pull away from marriage equality is reinforced by Trump’s anti-LBGTQ+ policies and Justice Thomas’s calls to revisit Obergefell. This stance sustains opposition even as some polls show 56% Republican support in subsets, reflecting internal divides but leadership focus on core activists.
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