Concerns Rise for Same-Sex Marriage Rights in Michigan

Detroit, Michigan

As the tenth anniversary of the historic Obergefell v. Hodges Supreme Court ruling approaches, advocates for same-sex marriage are expressing growing concerns that the rights established in the decision may soon come under threat. The Supreme Court’s ruling in 2015 affirmed same-sex marriage as a constitutional right, decisively ruling against states that denied marriage recognition to same-sex couples. However, recent signals from the court and state legislators have raised alarms about the future of marriage equality.

Background on Obergefell v. Hodges

The case commenced when Jim Obergefell challenged Ohio’s refusal to recognize same-sex marriage after he was unable to be listed as the surviving spouse on his late partner’s death certificate. The Supreme Court ruled 5-4 that denying same-sex couples the right to marry was a violation of the 14th Amendment, marking a significant victory for marriage equality. Another case, DeBoer v. Snyder, addressed similar issues related to marriage and adoption rights for same-sex couples in Michigan, which previously had a constitutional amendment defining marriage solely as a union between one man and one woman.

Current Fears and Legislative Movements

Recent discussions within political circles suggest that the Supreme Court may be reconsidering the Obergefell decision, echoing the reversal of Roe v. Wade in 2022. Two conservative justices have signaled a willingness to scrutinize the ruling, heightening concerns among same-sex marriage advocates. Consequently, some state legislators, including Rep. Josh Schriver in Michigan, have introduced resolutions advocating for the overturn of same-sex marriage rights, even though these efforts are currently stalled and unlikely to pass.

Societal Impact and Public Support

With potential legal challenges looming, concerns about the societal implications of abolishing marriage equality are rising. Notably, Justice Thomas’s concurring opinion has suggested revisiting previous rulings associated with same-sex marriage. Should federal protection of these rights diminish, marriage equality could be shifted back to state control, thereby putting Michigan’s same-sex marriage ban back in play. As of now, 67% of Americans are in favor of same-sex marriage according to a 2024 poll, showing an increase from 54% in 2014. In Michigan alone, 68% of residents support same-sex marriage, with backing from both major political parties.

Legal Protections and Future Actions

Despite Michigan’s Elliott-Larsen Act, which provides protection for sexual orientation and gender identity, these laws could be override by reinstating the previous constitutional amendment banning same-sex marriage. Representative Jason Morgan is currently pursuing efforts to repeal the 2004 amendment; however, success would require either a two-thirds majority in the legislature or a citizen-driven petition. Additionally, a new political action committee named Michigan Marriage Equality is planning to launch a campaign to place the repeal of the same-sex marriage ban on the 2026 ballot, with plans for community engagement and signature collection set to begin in January 2026.

Potential Consequences

Over 15,000 legally married same-sex couples in Michigan could face uncertainty if the Obergefell ruling is overturned. Advocates state that losing marriage recognition would have serious repercussions, impacting legal rights related to hospital visitations, health insurance, and inheritance matters. Attorney Carole Stanyar, who was involved in the DeBoer case, reassures that same-sex marriage remains relatively secure due to evolving social norms and greater acceptance, but the prospect of losing rights continues to evoke concern across the community.

The Road Ahead

Michigan’s Governor Gretchen Whitmer has firmly opposed any attempts to challenge marriage equality, emphasizing that it is currently “the law of the land.” Nevertheless, as political currents shift, the path forward for same-sex marriage rights remains uncertain, prompting advocates to prepare for potential legal battles while hoping for a continued societal shift towards acceptance and equality.