theFutuReoFSame-SexmaRRiageRightS
Diversity, Equity & Inclusion Committee
continuedfrompage20
Red
MOVEMENT ADVANCEMENT PROJECT“ Equality Maps: Marriage & Relationship Recognition Laws.”
https:// www. mapresearch. org / equality-maps / recognition / marriage _ relationship _ laws. Accessed [ June 20, 2025 ].
Note: Currently all of these bans are unenforceable due to a 2015 U. S. Supreme Court ruling in Obergefell.
In November 2024, voters in California, Colorado, and Hawaii repealed their constitutional amendments regarding marriage.
State has both statutory and constitutional amendment ban( 24 states)
Dark orange State has constitutional amendment ban only( 3 states) Peach State has statutory( i. e., legislative) ban only( 5 states)
Light tan State has no ban on marriage equality( 18 states, 5 territories + D. C.)
Green emblem State has court ruling protecting access to marriage for samesex couples( independent of Obergefell)( 1 state- Iowa) constitutional right to abortion could be derived from the Fourteenth Amendment. Justice Thomas, in his concurring opinion, went further— calling for reconsideration of many substantive due process precedents, including Obergefell. While the majority opinion in Dobbs attempted to distinguish marriage equality, the door to reexamination remains ajar.
Legal Fallout from a Reversal of Obergefell
Should the Supreme Court overturn Obergefell, legal chaos would likely ensue. Over 30 states have laws or constitutional amendments that previously banned same-sex marriage. Many of these laws are dormant, but not repealed. For instance, Texas prohibits same-sex marriage through a constitutional amendment. 6 Missouri defines marriage as between a man and a woman. 7 Alabama’ s constitution contains a similar ban. Florida also has a constitutional amendment, 8 passed in 2008, 9 which defines marriage exclusively as a union between one man and one woman and prohibits any other union from being treated as equivalent to marriage.
Although enforcement of these bans is currently blocked by Obergefell, they remain part of state law and could be reactivated if the federal precedent is removed. Florida in particular has not repealed its constitutional provision, and no legislative majority has yet committed to doing so. The state’ s attorney general previously opposed federal litigation that led to marriage equality and could potentially move to reinstate bans if federal protections lapse.
continuedonpage22
J U LY- A U G 2 0 2 5 | H C B A L A W Y E R
2 1