Michigan Lawmakers Seek to Overturn Same-Sex Marriage Rights

Lawmakers in at least nine states are pushing forward with measures aimed at challenging the rights of same-sex couples to marry. Five of these initiatives, including one recently introduced in Michigan, directly call upon the Supreme Court to overturn its landmark 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide.

State Rep. Josh Schriver, a Republican elected in November 2022, spearheaded the marriage resolution in Michigan. In a statement on social media, Schriver asserted that the Obergefell decision "is at odds with the sanctity of marriage, the Michigan Constitution and principles upon which the country was established." He further claimed that "increased instances of religious persecution have been a consequence of the Court’s ruling 10 years ago," citing examples such as the state attorney general's 2019 announcement allowing state-funded adoption agencies to accept LGBTQ couples regardless of religious beliefs and a Grand Rapids wedding venue facing fines and harassment in 2022 for refusing to host same-sex weddings.

Support for the Resolution

Schriver emphasized that the new resolution "urges the preservation of the sanctity of marriage and constitutional protections that ensure freedom of conscience for all Michigan residents." According to NBC affiliate WDIV of Detroit, a group of 12 Republican legislators are backing the resolution. Similar measures explicitly seeking to reverse the Obergefell decision have been introduced in Idaho, Montana, North Dakota, and South Dakota.

Legislative Progress in Other States

The Idaho House passed its resolution last month by a vote of 46-24, while the North Dakota House approved its measure on Monday with a vote of 52-40. Lawmakers in Missouri, Oklahoma, Tennessee, and Texas have introduced bills that, if enacted, would establish a "covenant marriage" category exclusively for one man and one woman, effectively undermining same-sex marriage rights.

Opposition and Legal Roadblocks

Naomi Goldberg, executive director of the LGBTQ think tank Movement Advancement Project, stated that such attempts to erode same-sex marriage rights would encounter numerous obstacles. She highlighted that research indicates a majority of Americans continue to support the right of same-sex couples to marry. Additionally, she pointed out that Congress passed the Respect for Marriage Act two years ago, which repealed the federal Defense of Marriage Act, codified federal recognition of marriage, and mandated that states recognize legal marriages from other states.

Goldberg emphasized: "Despite these resolutions and attempts to undermine marriage recognition, Obergefell continues to be the law of the land."

Michigan Democrats' Response

Some Michigan Democrats have already criticized Schriver's measure. At a news conference on Tuesday, state Rep. Jason Morgan, one of the state's openly LGBTQ elected officials, called it a "ridiculous distraction that does not help a single Michigan family." Morgan, who represents Ann Arbor, which elected Kathy Kozachenko, the country's first openly gay official, in 1974, added: "With Donald Trump leading the Republican Party, the threats to our rights are more real than they’ve ever been. Michigan will not go backwards. … Love is something worth fighting for, and we’ll never stop fighting for what is right."

Curtis Hertel, chair of the Michigan Democratic Party, labeled the measure "deeply dangerous" on social media, stating that it "isn’t a surprise coming from Josh Schriver" and the Republican caucus. He further asserted that Schriver "is attacking hundreds of thousands of Michiganders who are beloved members of the community, and he doesn’t deserve to serve the people of Michigan."

Schriver's Past Controversies

Schriver has faced criticism in the past for his views expressed on social media. In December, he wrote on X: "Make gay marriage illegal again. This is not remotely controversial, nor extreme." He subsequently lost his committee assignments and staff this month after sharing a post depicting a map of the world with disproportionately high numbers of Black figures compared to white figures, accompanied by the phrase “The great replacement!”

The "great replacement" conspiracy theory is a baseless notion that alleges a plot to replace white Americans with nonwhite populations.