Michigan State Representative Josh Schriver, a Republican from Oxford, announced plans to introduce a resolution urging the U.S. Supreme Court to overturn the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage across the United States.
Schriver’s office confirmed in a news release that the resolution will be unveiled on Tuesday, following the Michigan House session. The proposal comes nearly a decade after the high court’s 5-4 ruling on June 26, 2015, which declared that the 14th Amendment requires all states to perform and recognize same-sex marriages. The ruling was a significant victory for LGBTQ+ rights, extending marriage equality nationwide.
According to Schriver’s office, the resolution has already gained the support of 12 co-sponsors. Similar resolutions have been introduced in other states, including Idaho, Iowa, Montana, North Dakota, and South Dakota, reflecting a growing trend among some GOP lawmakers to challenge the landmark decision.
In a social media post on X (formerly Twitter) on Monday, Schriver outlined his intention to introduce the resolution. The release stated that the resolution calls for “the preservation of the sanctity of marriage and constitutional protections that ensure freedom of conscience for all Michigan residents.”
Schriver, who has a history of opposing same-sex marriage, voiced strong opposition to the Obergefell ruling in December 2024. In a now-deleted post, he wrote, “Make gay marriage illegal again.” He further argued, “America only ‘accepted’ gay marriage after it was thrust into her by a perverted Supreme Court ruling.” Schriver’s comments sparked criticism from several state officials, including Democratic Rep. Jason Morgan and Michigan Attorney General Dana Nessel, both of whom are in same-sex marriages.
Governor Gretchen Whitmer also condemned Schriver’s statement, calling any attempt to reverse same-sex marriage rights “wrong.” Schriver’s remarks reflect a broader conservative backlash against the Obergefell decision, which some members of the GOP have long sought to undo.
The issue resurfaced in national discussions after the Supreme Court’s decision to overturn Roe v. Wade in June 2022. In a concurring opinion, Justice Clarence Thomas suggested that the high court should reconsider all of its “substantive due process precedents,” including the Obergefell ruling. Thomas argued that cases such as Griswold (which protects the right to contraception), Lawrence (which struck down laws criminalizing same-sex relations), and Obergefell should be reconsidered.
The Supreme Court’s shift in 2022 raised concerns among LGBTQ+ advocates, who worry that same-sex marriage could again be left up to individual states. This fear intensified after discussions surrounding President Donald Trump’s stance on same-sex marriage, which has fluctuated over the years. In the late 1990s and early 2000s, before entering politics, Trump expressed support for domestic partnership laws that granted same-sex couples benefits similar to those of married couples. However, his views evolved, and in 2011, he stated that he opposed gay marriage. During his 2016 presidential campaign, Trump suggested he might appoint justices who would overturn Obergefell. After his election, he stated that he was “fine” with same-sex marriage and did not make it a priority to undo the 2015 ruling.
The renewed debate over Obergefell highlights growing tensions in the U.S. over LGBTQ+ rights and marriage equality. In the wake of Schriver’s proposed resolution, advocates for same-sex marriage are urging the public to stand against any efforts to reverse marriage equality. They argue that overturning the decision would negatively impact countless families across the nation.
Rep. Jason Morgan, a member of the LGBTQ+ community and a supporter of same-sex marriage, expressed his concerns over Schriver’s proposal. “This is extreme and anti-family,” Morgan said. “We are fighting for the right to love who we love, and attempts to strip away those rights are unacceptable. This resolution threatens to take Michigan backward.”
Schriver, who was first elected to the Michigan House of Representatives in 2022, is known for his conservative views. In addition to opposing same-sex marriage, Schriver has introduced or co-sponsored legislation that targets transgender rights, including efforts to ban transgender athletes from competing in sports based on their gender identity.
The resolution has sparked significant debate in Michigan and beyond. While some conservatives see it as an important step in defending traditional values, many LGBTQ+ advocates and Democratic officials view it as a direct threat to the rights of same-sex couples. With Michigan’s 2024 election cycle looming, the outcome of this resolution could have significant political implications for the state’s future stance on LGBTQ+ rights.
For more information on the Obergefell decision and its impact on LGBTQ+ rights, visit SCOTUSblog.
As discussions about marriage equality continue to evolve, Schriver’s resolution is a reminder of the ongoing political and legal battles over LGBTQ+ rights across the nation. While the Obergefell decision remains the law of the land for now, the push from conservative lawmakers signals that the fight for same-sex marriage rights is far from over.
