Legal Experts Offer Reassurance that Marriage Equality Remains Secure Despite Political Uncertainty

Ten years after the Supreme Court’s landmark ruling in Obergefell v. Hodges, which ushered in marriaeg equality across all fifty states, legal experts say the framework protecting marriage equality in the United States remains secure—even as new challenges emerge in several states .

Recent months have seen a surge in proposed state legislation aiming to restrict LGBTQ+ rights, including efforts in at least nine states to block the issuance of new marriage licenses to same-sex couples . Despite this, legal authorities consistently point to the combined power of Supreme Court precedent and federal statute as firm barriers to any attempts to roll back marriage equality.

On June 26, 2015, the Supreme Court issued its historic decision in Obergefell v. Hodges, declaring that same-sex couples have the same constitutional right to marry as different-sex couples . The ruling relied on the Due Process and Equal Protection Clauses of the Fourteenth Amendment, establishing marriage as a fundamental right that cannot be denied because of sexual orientation .

Since then, an estimated 823,000 same-sex couples have married in the United States, with nearly one in five of those families raising children under 18, according to the Williams Institute at UCLA Law School .

Concerns about the durability of marriage equality increased after the Supreme Court’s composition shifted toward a conservative majority in recent years . In response, Congress passed the Respect for Marriage Act in 2022, which requires the federal government and all states to recognize the marriages of same-sex and interracial couples performed in any U.S. state—even if future changes occur in state or federal law .

Legal analysts emphasize that this act serves as a robust backstop. “Even if Obergefell were ever overturned, couples could still marry in many states, and their marriages would continue to be fully recognized nationwide thanks to the Respect for Marriage Act,” asserts Lambda Legal .

"Alarms were raised recently by an appeal to the Supreme Court by Kim Davis, a former Kentucky county clerk who spent six days in jail and paid hundreds of thousands of dollars in fines for refusing to issue same-sex couples licenses in her state," 19th News noted. "Davis has been on a mission to topple marriage equality since it became law in the Supreme Court’s landmark Obergefell v. Hodges decision in 2015."

But, the site added, Davis' attempts to destroy marriage equality are unlikely to succeed, recalling that Davis submitted a similar request to the court five years ago, and nothing happened. 19th News quoted Lambda Legal's Karen Loewy, who pointed out, “Even then, Justice [Samuel] Alito, who we all know would love nothing more than to reverse Obergefell, was like, ‘This is not a vehicle for that'." Moreover, in the decade since marriaeg equality became the law of the land—and the half-decade since Davis made her previous request of the Supreme Court—“It’s not Kim Davis’ case that has gotten better,” Loewy noted.

Despite recent petitions to the Supreme Court requesting reconsideration of Obergefell, the Court has so far declined to take up any cases that would directly challenge the marriage equality precedent . Justice Clarence Thomas has written separately to express his view that Obergefell should be reconsidered, but there is currently no case before the Court that directly targets the decision .

Douglas Hallward-Driemeier, who represented plaintiffs in Obergefell, noted, “The Supreme Court has made clear that marriage is a fundamental right for all Americans. No state law or administrative rule can override that constitutional guarantee” .

LGBTQ+ advocates acknowledge that political rhetoric and legislative proposals targeting marriage equality have prompted fear for many couples and families. However, organizations such as GLAD Legal Advocates & Defenders and Lambda Legal continue to monitor legal developments and offer guidance to those concerned about their rights .

“These federal protections are critical for providing stability and security for LGBTQ+ families,” said Mary L. Bonauto, Civil Rights Project Director at GLAD and lead counsel in Obergefell . “We will continue to defend marriage equality at every level and ensure that all couples are treated with dignity and respect.”

Legal experts recommend that LGBTQ+ couples keep their legal documents updated—such as wills, powers of attorney, and healthcare directives—to ensure their wishes are honored, especially in states where political climates may be less supportive . However, they emphasize that marriage licenses issued today are valid across all fifty states and that no couple’s marriage is at risk of being retroactively invalidated.