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Same-Sex Marriage Under Fire: A Pride Month 2026 Update on Who Is Attacking Marriage Equality — and Who Is Defending It

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Introduction: Ten Years of Marriage Equality — and a Decade of Attacks

On June 26, 2015, the United States Supreme Court handed down one of the most transformative civil rights decisions in American history. In Obergefell v. Hodges, a 5-4 majority held that the Constitution guarantees same-sex couples the fundamental right to marry — and that no state could deny them that right. Millions of LGBTQ+ Americans celebrated. Millions more breathed a long-overdue sigh of relief.

Eleven years later, as we celebrate Pride Month 2026, that right remains the law of the land. But it is not without enemies. Since the Supreme Court's seismic 2022 decision in Dobbs v. Jackson Women's Health Organization — which overturned nearly 50 years of abortion rights — conservative activists, lawmakers, and legal organizations have steadily escalated their efforts to bring a new challenge to Obergefell before the nation's highest court. At the same time, LGBTQ+ rights organizations are working harder than ever to defend the freedom to marry.

This article provides a comprehensive, up-to-date look at who is attacking same-sex marriage, what legal vehicles they are using, and how advocates for equality are fighting back.

PART I: The Attacks — Efforts to Overturn Same-Sex Marriage

1. Davis v. Ermold: The Kim Davis Petition

Of all the attempts to bring a new marriage challenge to the Supreme Court, the most prominent in recent years has been the petition filed by Kim Davis, the former Rowan County, Kentucky clerk who made national headlines in 2015 when she refused — on religious grounds — to issue any marriage licenses following the Obergefell decision.

In late July 2025, Davis's attorneys at Liberty Counsel, led by founder Mat Staver, filed a formal petition asking the Supreme Court to review a lawsuit in which a same-sex couple (David Ermold and David Moore) had been awarded emotional damages after Davis refused to issue their marriage license. Crucially, the petition expressly called on the Court to overrule Obergefell — marking the first formal request to the Supreme Court to do so since the ruling was issued a decade earlier.

The petition argued that Obergefell "lacks any basis in the Constitution," describing Justice Anthony Kennedy's majority opinion as "legal fiction." It drew heavily on Justice Clarence Thomas's concurrence in the Dobbs case, in which Thomas explicitly wrote that the Court "should reconsider" Obergefell, along with other substantive due process precedents.

Davis's case had already been rejected three times by the U.S. Court of Appeals for the Sixth Circuit. Legal analysts were broadly skeptical that the Court would accept it, with ABC News legal analyst Sarah Isgur noting that several conservative justices — including Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch — appeared "wildly uninterested" in the case.

On November 10, 2025, the Supreme Court — without comment — rejected the petition. The Court's conservative majority declined to take up the case, leaving the Obergefell precedent fully intact.

Mat Staver vowed that the fight was not over. "We will continue to work to get a case to the high court to overturn Obergefell," he said. "Obergefell will be overturned because it has no basis in the Constitution."

Jim Obergefell — the lead plaintiff from the 2015 case and a continuing voice for marriage equality — called the Court's refusal to hear the case a moment worth celebrating, but issued a warning: "We should not assume marriage equality will stand forever." He pointed to the possibility of "continued efforts to bring another case before the Supreme Court, a court that has proven that precedent is not always safe."

2. Hensley v. State Commission on Judicial Conduct (Texas)

Just weeks after the Supreme Court's rejection of the Davis petition, a new challenge emerged from Texas. On December 19, 2025, Dianne Hensley — a Waco justice of the peace who had refused to officiate same-sex weddings on religious grounds — filed a federal lawsuit against the Texas State Commission on Judicial Conduct, explicitly asking the federal courts to overturn Obergefell.

Hensley's case has a long history. She stopped performing all marriages in 2015 after the Supreme Court's decision, then resumed performing them for opposite-sex couples only while referring same-sex couples elsewhere. In 2019, the Judicial Conduct Commission issued a public warning. Hensley sued in state court, and in a significant development, the Texas Supreme Court eventually amended the judicial canon at issue — adding a comment that refusing to perform a wedding based on religious beliefs does not violate judicial conduct rules.

Nevertheless, Hensley pressed forward with the new federal case, hoping to build a vehicle for the case to ultimately reach the U.S. Supreme Court. Her attorney acknowledged that a lower federal court cannot itself overrule Supreme Court precedent, but stated the argument was being preserved for eventual review at the highest level. Represented by the First Liberty Institute, the case is currently working its way through the federal courts.

3. State Legislative Resolutions: Nine States Urge the Court to Act

Beyond the courts, the legislative front has become increasingly active. According to Lambda Legal and reporting by Newsweek, lawmakers in at least nine states introduced measures in 2025 asking the Supreme Court to overturn Obergefell or effectively limiting marriage to heterosexual couples. Those states include:

  • Idaho — The Republican-controlled House passed a resolution calling on the Supreme Court to overturn Obergefell, with sponsor Representative Tony Wisniewski arguing the ruling had "subordinated state law to the policy preferences of unelected judges."
  • Montana — Introduced legislation urging the Supreme Court to reverse the marriage equality ruling.
  • North Dakota — The state Senate voted to REJECT a similar resolution (16-31), with more than two dozen Republicans breaking with their party.
  • South Dakota — A resolution died in committee (9-4) after the House Judiciary Committee sent it to the "41st Legislative Day."
  • Oklahoma — The Oklahoma Legislature passed a resolution urging the Supreme Court to overturn Obergefell, even arguing that Justices Ginsburg and Kagan should have recused themselves from the 2015 case because they had previously officiated same-sex weddings.
  • Missouri, Tennessee, Texas, and Michigan — Introduced legislation creating a new category of "covenant marriage" limited to opposite-sex couples.

It is important to note that such resolutions carry no legal force on their own. They cannot override constitutional rights as affirmed by the Supreme Court. Their primary effect is political and rhetorical — formally communicating state legislative sentiment to the Supreme Court and signaling readiness to restrict marriage licenses should Obergefell ever be overturned.

4. The 'Greater Than' Campaign: A New National Coalition

In late January 2026, a sweeping new national effort was launched by a coalition of 47 conservative organizations under the banner of the "Greater Than" Campaign. The campaign is coordinated by Katy Faust, founder of Them Before Us, and its core allies include the Family Research Council, Focus on the Family, the American Family Association, the Colson Center for Biblical Worldview, the Ruth Institute, and CatholicVote.

The campaign's central messaging frames its opposition to same-sex marriage not in explicitly religious terms, but through the lens of children's welfare — arguing that "children need both a mother and a father" and that the Obergefell decision "redefined parenthood" to the detriment of children. Critics from LGBTQ+ organizations and child development experts have sharply disputed those claims, noting that decades of scientific research show children raised by same-sex couples fare just as well on key measures of development and well-being.

Notably, the campaign's own stated goal — overturning Obergefell through the Supreme Court — would require a new case to reach the Court. As of the date of this article, no such case is before the Court. The campaign appears designed as a long-term effort to shift public opinion, build political pressure, and cultivate the legal conditions for a future challenge.

Lambda Legal Senior Counsel Karen Loewy offered a pointed assessment: "These are the same opponents of marriage equality that lost the first round. There's nothing about this coalition that is surprising. If you look at who is participating in it, they are the same people who have been funding the anti-marriage movement from the get-go."

5. The Role of Supreme Court Justices Thomas and Alito

Any honest accounting of the threats to same-sex marriage must address the stated positions of two sitting Supreme Court justices. In his 2022 Dobbs concurrence, Justice Clarence Thomas explicitly wrote that the Court "should reconsider" Obergefell, along with other decisions grounded in substantive due process. Justice Samuel Alito, who dissented in Obergefell, has repeatedly criticized the ruling in public statements.

However, both justices have also tempered their statements in ways that suggest the Court is not currently poised to overturn the ruling. In a 2025 interview with an Italian newspaper, Alito said: "Same-sex marriage was decided 10 years ago, but a lot of people of the same sex have gotten married and relied on the decision, and it is consistent with what polls show Americans think." He added: "In commenting on Obergefell, I am not suggesting that the decision in that case should be overruled." Justice Amy Coney Barrett — appointed by President Trump — has publicly acknowledged the "very concrete reliance interests" that same-sex couples have built around the Obergefell decision.

6. The Southern Baptist Convention

In June 2025, the Southern Baptist Convention — the largest Protestant denomination in the United States, with roughly 13 million members — voted overwhelmingly to formally designate "overturning of laws and court rulings, including Obergefell v. Hodges, that defy God's design for marriage and family" as a top institutional priority. While this is a religious body with no direct power over legal proceedings, the SBC's position carries significant weight in mobilizing grassroots political pressure and donor resources for anti-marriage-equality litigation.

PART II: The Defense — Organizations and Individuals Fighting to Protect Marriage Equality

1. The Respect for Marriage Act: A Congressional Backstop

Perhaps the most significant legal protection for same-sex couples — beyond Obergefell itself — is the Respect for Marriage Act (RFMA), signed into law by President Biden in December 2022. The bipartisan legislation passed with 61 Senate votes (including 12 Republicans) and 39 Republican votes in the House.

The RFMA does not codify Obergefell — it does not require every state to issue new same-sex marriage licenses. But it does require the federal government and all states to recognize any marriage that was lawfully performed in another state, regardless of the sex, race, ethnicity, or national origin of the parties. Critically, it also repeals the 1996 Defense of Marriage Act (DOMA).

What this means in practice: even if the Supreme Court were to overturn Obergefell tomorrow, the RFMA would still require states to recognize existing same-sex marriages. However, states hostile to marriage equality could stop issuing new licenses — creating a patchwork system that could force couples to travel to other states to marry. Lambda Legal and other legal experts have emphasized that the RFMA, while important, is not a complete substitute for Obergefell.

2. Lambda Legal: Decades of Courtroom Advocacy

Lambda Legal — one of the nation's oldest and most influential LGBTQ+ legal organizations — was instrumental in securing Obergefell and has been one of the most vocal defenders of marriage equality in the years since. The organization co-litigated several of the cases that were consolidated into the Obergefell ruling and has continued to fight for same-sex couples' rights in courts across the country.

In November 2025, as the Supreme Court considered whether to take up the Davis petition, Lambda Legal CEO Kevin Jennings issued a public statement: "LGBTQ+ families are part of the nation's fabric... The vows that LGBTQ+ couples have taken in their weddings might have been a personal promise to each other. Still, the decision of the Supreme Court is an unbreakable promise affirming the simple truth that our Constitution guarantees equal treatment under the law to all, not just some."

Following the Court's rejection of the Davis petition, Lambda Legal published a sobering post-victory analysis, warning that the Davis case "is far from the only threat to marriage equality on the horizon." The organization identified several avenues through which opponents could construct a cleaner vehicle for Supreme Court review, and announced it is actively monitoring cases percolating through lower courts that could serve that purpose.

Lambda Legal has also launched an "All Rise" campaign urging the LGBTQ+ community and allies to stay vigilant, make their voices heard, and support organizations working to defend their rights. The organization maintains a comprehensive resource page on marriage equality for couples concerned about their legal protections.

3. GLAAD: Monitoring the Supreme Court and Fighting Disinformation

GLAAD has been tracking anti-LGBTQ+ legislation and judicial threats in real time, publishing regular updates on what is at stake at the Supreme Court. The organization's 2025-2026 term analysis identifies three active Supreme Court cases affecting LGBTQ+ rights — two involving transgender athletes and one involving a state ban on conversion therapy — and has provided detailed fact sheets to help the public understand the legal landscape.

GLAAD has also labeled organizations like MassResistance — which has been the primary driver of state legislative resolutions seeking to overturn Obergefell — as an "anti-LGBTQ hate group" and has worked to counter the disinformation those groups spread about LGBTQ+ parents and families.

4. The ACLU: Courts, Campuses, and Communities

The American Civil Liberties Union (ACLU) has been a consistent and powerful defender of LGBTQ+ rights, including marriage equality. The ACLU is currently representing clients in several of the most significant LGBTQ+ cases before the Supreme Court in the 2025-2026 term, including West Virginia v. B.P.J. (transgender student athletes) and Chiles v. Salazar (conversion therapy bans).

The ACLU has also been outspoken about the limitations of the Respect for Marriage Act, noting after its passage that while it provides important federal recognition protections, it does not codify the right of same-sex couples to obtain marriage licenses in all 50 states — a gap that would be exposed if Obergefell were overturned.

5. GLAD Law: Continuing to Monitor and Litigate

GLAD Law (GLBTQ Legal Advocates & Defenders), which served as co-counsel in the DeBoer v. Snyder Michigan case that was consolidated into Obergefell, continues to monitor legal threats to marriage equality. The organization's website notes that "[i]n November 2025, the Supreme Court rejected a case that aimed to overturn the freedom to marry" and that "GLAD Law will continue to fight to protect marriage equality for all families."

6. Jim Obergefell: A Living Symbol and Continuing Advocate

Jim Obergefell — the man whose name is on the landmark decision — has been a tireless public voice for marriage equality. In interviews marking the decision's 10th anniversary in June 2025, he was candid about his concern: "Yes, I'm worried about marriage equality." He pointed to the Supreme Court's willingness to overturn Roe as evidence that no right can be taken for granted.

"This court, to me, is far from normal," Obergefell told Newsweek. "We now have a Supreme Court that has shown it is willing to turn its back on precedent, which had always been a bedrock principle for the Supreme Court."

Obergefell has been particularly active in urging same-sex couples to understand their legal protections, to consider the safety net provided by the Respect for Marriage Act, and to engage with the political process to elect legislators and officials who will protect their rights.

7. The Human Rights Campaign: Legislative and Electoral Advocacy

The Human Rights Campaign (HRC), the nation's largest LGBTQ+ civil rights organization, has continued its dual focus on litigation support and political action. HRC was a key advocate for the Respect for Marriage Act and continues to push for additional federal legislation — most notably the Equality Act, which would provide comprehensive federal nondiscrimination protections for LGBTQ+ Americans in employment, housing, public accommodations, education, and other areas. As of mid-2025, 29 states still lacked comprehensive anti-discrimination protections for LGBTQ+ people, according to HRC.

PART III: Where Things Stand — A Reality Check for Pride Month 2026

As of June 2026, here is the clearest possible summary of the legal landscape:

  • Obergefell v. Hodges remains the law of the land. The Supreme Court has not agreed to hear any case that would revisit it.
  • The Supreme Court rejected the Davis petition on November 10, 2025 — without comment, without a noted dissent from any justice.
  • The Respect for Marriage Act provides an important — but incomplete — federal backstop, requiring recognition of existing marriages even if Obergefell were overturned.
  • The Hensley v. State Commission on Judicial Conduct case in Texas is actively working its way through federal courts, with its attorneys explicitly intending to bring a clean Obergefell challenge to the Supreme Court.
  • The Greater Than Campaign and allied groups are building a long-term political and legal infrastructure to challenge marriage equality, though they have no active case before any court as of this writing.
  • Public support for same-sex marriage remains strong — 68-70% of Americans support it according to Gallup — though Republican support has declined from a peak of 55% in 2021-2022 to approximately 41% as of mid-2025.
  • More than two dozen states have "trigger" provisions that could limit or ban new same-sex marriage licenses if Obergefell were ever overturned.

The message from legal experts and LGBTQ+ advocates this Pride Month is consistent: marriage equality is secure for now, but not forever, and vigilance is essential.

How the Law Offices of Thomas Stahl Can Help LGBTQ+ Families

At the Law Offices of Thomas Stahl, we are committed to standing alongside the LGBTQ+ community with the dedicated legal support every family deserves. We provide thoughtful, experienced representation in family law matters — including same-sex marriage, divorce, custody, and parental rights — as well as comprehensive estate planning services designed to protect your partner, your children, and your assets no matter what changes occur in the law. In an uncertain legal climate, proper legal planning has never been more important for LGBTQ+ couples and families. Whether you are newlyweds looking to put protections in place, a family navigating a transition, or a couple that simply wants the peace of mind that comes with knowing your affairs are in order, our team is here for you. Contact us today to schedule a consultation.

Disclaimer

This article is intended for general informational and educational purposes only and does not constitute legal advice. The legal landscape surrounding LGBTQ+ rights and same-sex marriage is actively evolving, and the information contained herein reflects publicly available news and legal reporting as of June 2026. No attorney-client relationship is created by reading this article. If you have specific legal questions or concerns about your rights or family planning needs, please consult a qualified attorney.