Gay marriage is dividing Republicans again, 11 years after Obergefell
Gay marriage is dividing Republicans again, eleven years after Obergefell v. Hodges made same-sex unions the law nationwide. Christian conservatives in President Donald Trump's coalition are renewing efforts to overturn the ruling, even as most establishment Republicans avoid the fight and GOP support for marriage equality has fallen to 37%.
Key Takeaways
- Republican support for same-sex marriage dropped 18 points since 2022, to 37%, per a June 2026 Gallup poll.
- Since 2025, roughly a dozen states have introduced resolutions urging the Supreme Court to overturn Obergefell or limit marriage to heterosexual couples—nearly all died in committee.
- Plaintiff Jim Obergefell warns that after Roe v. Wade fell, marriage equality could be next despite the Court declining Kim Davis's appeal in 2025.
- Conservative critics argue Obergefell redefined parentage and clashed with religious liberty, using transgender-rights debates as a new political front.
Why Are Republicans Split on Gay Marriage Again?
As Obergefell v. Hodges turns eleven, the New York Times reports a widening fault line inside the GOP. Establishment Republicans show little appetite for challenging the 2015 decision, yet culturally ascendant Christian conservatives are pursuing reversal with renewed ambition—often linking the push to battles over transgender rights.
Ogles, a Christian conservative and part of Trump's coalition, briefly posted a photo with his husband before deleting it amid backlash over Tennessee's rebranding of Pride Month as "Fidelity Month." Tennessee's legislature passed a resolution defining family as "one husband and one wife." Other Republican-led states have adopted similar "Nuclear Family Month" labels.
Since 2025, bills and resolutions in about a dozen states have urged the Supreme Court to overturn Obergefell or proposed marriage categories limited to heterosexual couples, according to Lambda Legal. Nearly all died in committee. Most Republican lawmakers facing competitive elections have distanced themselves, preferring to focus on economic issues.
What Is Jim Obergefell Warning About Today?
In a recent Advocate interview, Jim Obergefell—the Ohio widower whose lawsuit became the landmark case—said he never expected fear of losing marriage equality a decade later. "For almost 50 years, people didn't think abortion rights would be lost because the Supreme Court believed in precedent. Well, they no longer do," he told the publication.
Obergefell noted that millions of Americans have now built families, finances, and futures around a right that existed for only eleven years. An estimated 823,000 same-sex couples are legally married and raising about 299,000 children, per the Williams Institute at UCLA.
Human Rights Campaign President Kelley Robinson called the anniversary both a celebration and a warning, citing a "coordinated, well-funded campaign" including state resolutions and attacks on transgender Americans. For more on how political battles reshape civic life, see our Future Tech & AI Wonders coverage.
Could Obergefell v. Hodges Actually Be Overturned?
The Supreme Court declined in November 2025 to hear Kim Davis's appeal seeking to revisit Obergefell, leaving marriage equality intact for now. After the Court overturned Roe v. Wade in 2022, Justice Clarence Thomas wrote that the justices should reconsider substantive due process precedents including Obergefell. Congress responded by passing the Respect for Marriage Act, which requires federal and state recognition of valid same-sex marriages but does not compel every state to issue licenses if Obergefell falls.
Conservative voices argue the ruling's consequences justify revisiting it. Writing in the Christian Post, critics contend same-sex marriage was "sold on lies," citing adoption agencies that closed after refusing to place children with same-sex couples and conflicts over religious objections. They also point to sociologist Mark Regnerus's research suggesting children thrive best with married biological parents—a claim hotly debated in academia.
Overall U.S. support for marriage equality stands at 65%, down from 71% in 2022, according to Gallup data cited by the New York Times. The legal path to reversal remains complicated, but the political campaign to overrule Obergefell is unmistakably underway.