Map: States Where Marriage Equality Would Be Banned If Obergefell Were Overturned

Today is the 10th anniversary of the U.S. Supreme Court’s groundbreaking Obergefell v. Hodges ruling which made marriage equality legal across the country.

Sadly, access to marriage equality is facing increasing opposition.

From Axios’ April Rubin:

More than two dozen U.S. states have trigger laws that would limit marriage equality if the Supreme Court overturned its legalization of gay marriage.

By the numbers: 32 states have constitutional and/or legislative bans on marriage equality — currently unenforceable because of the 2015 Supreme Court ruling.

This means about 60% of LGBTQ+ adults live in states where access to marriage equality would change if Obergefell were struck down, according to the Movement Advancement Project.

Republican lawmakers in several states this year – including Idaho, Michigan, Montana, North Dakota, and South Dakota – have backed measures seeking to reverse the Obergefell decision.

In 2022, when the Supreme Court overturned Roe v. Wade, Justice Clarence Thomas wrote in his concurring opinion the court “should reconsider” its previous opinions protecting same-sex relationships and same-sex marriage.

Later that same year, Congress passed the Respect for Marriage Act, which requires the federal government to recognize same-sex and interracial marriages. However, the law doesn’t stop states from restricting same-sex marriage if Obergefell were to be reversed.

So those 32 states’ laws would come back into force.

Here’s where same-sex marriage would be banned without Obergefell https://t.co/S2FTWBfSJy

— Axios (@axios) June 26, 2025