More than two dozen US states have trigger laws that would limit marriage equality if the Supreme Court were to overturn its legalization of gay marriage. This is concerning as access to marriage equality faces increasing opposition, particularly on the 10-year anniversary of the Obergefell v. Hodges ruling. Currently, 32 states have constitutional and/or legislative bans on marriage equality, which are unenforceable due to the 2015 Supreme Court ruling. However, if Obergefell were struck down, about 60% of LGBTQ+ adults would live in states where access to marriage equality would change. Republican lawmakers have introduced ballot measures to undermine same-sex couples' right to marry in several states. Measures seeking to reverse the Obergefell decision have been introduced in five states, while bills creating a "covenant marriage" category for one man and one woman have been introduced in four states. In response, ballot initiatives have been launched in four states to let voters decide on marriage equality in the 2026 elections. Supreme Court Justice Clarence Thomas has expressed his desire to reconsider the court's opinions protecting same-sex relationships and same-sex marriage. Although Congress passed the Respect for Marriage Act in 2022, which codified the right to same-sex and interracial marriages, it does not prohibit states from taking steps to ban or restrict same-sex marriage if Obergefell were overturned. Overall, the future of marriage equality remains uncertain and vulnerable to state-level restrictions.
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