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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 like to "reconsider" that ruling 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 law 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 same-sex marriage comes amid an existing push from President Donald Trump's administration to remove transgender people from public life and to end public funding for schools and organizations that support diversity, equity, and inclusion.

Jim Obergefell, the named plaintiff in the Obergefell vs. Hodges Supreme Court case that legalized same-sex marriage nationwide, arrives for a news conference on the steps of the Texas state Capitol on June 29, 2015,… Jim Obergefell, the named plaintiff in the Obergefell vs. Hodges Supreme Court case that legalized same-sex marriage nationwide, arrives for a news conference on the steps of the Texas state Capitol on June 29, 2015, in Austin, Texas. More Eric Gay, File/AP Photo What To Know When Obergefell vs. Hodges resulted in the nationwide legalization of same-sex marriage in 2015, several states still had bans as part of their state law and defined marriage as between a man and a woman in their state constitutions. Although some states such as Colorado have since changed their state laws to ensure that gay couples would be protected if Obergefell was overturned, other states such as Texas have held onto their heterosexual legal definition of marriage.

If Obergefell were to be overturned, those states would revert to only legally recognizing heterosexual marriage. Roe vs. Wade, the landmark Supremem Court ruling which legalized abortion access across the country, was overturned in 2022 following a court ruling in another abortion case Dobbs vs. Jackson Women's Health Organization which returned the right to have an abortion back to the states. The case law used to support Roe is also used to support several other major civil rights decisions, including the right to same-sex marriage.

If the Supreme Court heard a similar case, they might return the right to marry back to the states as well. Virginia is one state that is working to reverse its ban on same-sex marriage. Although the state constitution still says marriage is between a man and a woman, Republican Governor Glenn Youngkin signed a bill in 2024 that would protect same-sex marriage at the state level.

Lawmakers are also working on amending the state constitution so that same-sex marriages would be fully protected in Virginia. The state of Michigan, however, which has a Democratic governor and lesbian attorney general, would ban same-sex marriage if Obergefell were overturned. Democratic state Representative Jason Morgan is attempting to change this with a House bill to alter the state constitution in favor of more inclusive language.

Morgan's bill comes after another Michigan state representative, Josh Schriver, posted on X (formerly Twitter) saying: "Make Gay Marriage Illegal Again." Speaking with Newsweek about his bill, Morgan said: "I introduced House Joint Resolution F in 2025 to protect marriage equality in Michigan. My bill would codify into law what the people already know: equality means treating all families fairly.

"We need House Republicans to give us a vote on the joint resolution to protect marriage equality. "Marriage is about love, stability, and the right to build a life with the person you love—and know the law will stand behind you. Michigan's outdated, harmful laws create legal headaches for same-sex couples, from taxes to inheritance to family law."

A similar bill to revise state language brought to the Florida state Senate was "Indefinitely postponed and withdrawn from consideration" in May, 2025. Despite same-sex marriage being at risk in several states, the passage of the Respect for Marriage Act by Joe Biden's administration means that marriages from other states need to be respected across the country. The act means that if Obergefell was overturned, a couple could not get married in Texas, for example, but they could get married in Vermont and have their marriage recognized in Texas.

Representative Morgan told Newsweek: "I've heard a lot of fear about the threats we're seeing and hearing, but also determination. Across the country, Republicans are calling on the Supreme Court to end marriage equality and roll us back to a time when not all people were equal. "In Michigan, ​House Republicans introduced a resolution and nearly a quarter of their caucus signed on.

The public has to make their voices heard, and we can't back down when we're under attack. We weren't elected to roll over and play dead — it's time for elected officials to stand up and fight back." A New York Gay Pride Parade in 2015, three days after the United States became the 21st and most populous country to legalize same-sex marriage, following the U.S. Supreme Court's decision in Obergefell vs. Hodges.

A New York Gay Pride Parade in 2015, three days after the United States became the 21st and most populous country to legalize same-sex marriage, following the U.S. Supreme Court's decision in Obergefell vs. Hodges. Kike Calvo/AP Images What People Are Saying Michigan state Representative Jason Morgan told Newsweek: "This moment is about something simple: dignity. The dignity of knowing your family is protected under the law.

The dignity of equal treatment — not someday, but now. This is Michigan. We protect our people.

We rise to the moment. And if extreme Republicans or Trump want to strip away our rights, we're not just going to sit here and let them hurt our people. I refuse to go back in the closet or allow anyone to roll back our rights without a fight.

"Marriage rights are under attack by extreme Republicans, and, most recently, Southern Baptists." Southern Baptists called on legislators to: "Pass laws that reflect the truth of creation and natural law—about marriage, sex, human life, and family." What Happens Next There are no cases in front of the Supreme Court at the moment which would upend same-sex marriage.

However, a justice's openness to hearing an argument against same-sex marriage, and the renewed push from Southern Baptists to ban it, could result in a case being brought to the court in the future.