Obergefell Is at Risk. LGBTQ Advocates Must Act Now.
With Obergefell at risk and 32 states poised to restrict same-sex marriage, LGBTQ advocates push to enshrine protections at the state level.
By Maximilian Sandefer
August 6, 2025
Prop 8 Supreme Court Rally 2013 by Todd Franson
On June 22, 2022, the Supreme Court issued a landmark decision with Dobbs v. Jackson Women’s Health Organization. Abortion rights were now no longer guaranteed nationwide as the issue was left up to the states. This shock reversal of over 49 years of precedent left reproductive rights activists scrambling as anti-choice state laws stemming from as far back as 1864 were revived and reinstituted.
As people’s ability to access to reproductive care dwindled in conservative-led states, activists also found their footing. The 2024 election saw abortion rights ballot measures win in seven out of ten states. As we navigate a landscape where it will likely be a long time before we see any form of successful federal legislation protecting a woman’s right to choose, state-by-state activism seems to be the driving force behind change.
In his concurring opinion overturning Roe v. Wade, Justice Clarence Thomas issued a harrowing claim. He wrote that Justices should “reconsider all of this Court’s substantive due process precedents” including Lawrence and Obergefell. These decisions guarantee the rights for consenting adults to engage in same-sex sexual activity and for same-sex couples to marry one another, respectively.
This was, and still remains, a terrifying view for a sitting Supreme Court Justice to hold. At this critical time, the LGBTQ community can either sit by in idle horror or mobilize in preparation.
It is time for LGBTQ rights activists to be proactive instead of waiting until the potential shoe drops. Social conservatives are certainly making moves behind the scenes. This February, NBC News reported that lawmakers in at least nine states have proposed measures to undermine marriage equality. The seeds of destruction are being sown against marriage equality, and it is imperative that we recognize them, dismantle them, and plant our own seeds in protection of this important, hard-fought right.
Thankfully, we are already seeing some progress on this front.
In 2024, three states passed ballot measures protecting the right to marriage equality in their constitutions. Colorado recently guaranteed the right to marriage equality via their legislature. Even federally, a bipartisan push in 2022 saw the Respect For Marriage Act signed into law by President Biden, repealing the Defense of Marriage Act and requiring any potential states without marriage equality laws to recognize the marriages of same-sex couples legally married in other states.
However, the number of states with these laws protecting same-sex marriage is still far too small. If Obergefell were to be overturned, Axios reports that 32 states would immediately limit marriage equality through “trigger” laws. LGBTQ activists wishing not to backslide must pressure legislatures to rectify this and make this a salient issue for local politicians.
Beyond pressuring politicians, an even more effective tactic comes through direct democracy. The Movement Advancement Project reports that 19 states offer a direct citizen initiative process that could codify same-sex marriage into State constitutions. Thirteen of these are states that currently do not protect (or even outright ban) same-sex marriage.
These past few months, there has even been groundswell activism in one state to get this sort of measure on the ballot. Ohio Equal Rights has led the charge in the Buckeye State, proposing “The Ohio Equal Rights Amendment.” This amendment would not only enshrine same-sex marriage in the state constitution but also implement nondiscrimination policies to protect all LGBTQ residents.
However, even this ballot process in Ohio has faced roadbumps. In a 3-2 vote, along party lines, the Ohio Ballot Board ruled that the proposed amendment must actually be split into two amendments. This was, of course, decided after the group already submitted twice the number of required signatures to the Secretary of State. This will complicate the process, as the group will either have to challenge the ruling through the Ohio Supreme Court, or collect the required signatures for two now-separate amendments all over again.
For decades, abortion seemed like a white whale for social conservatives — an unreachable judicial mainstay that could merely be restricted, not outright overturned. And then Dobbs happened.
Obergefell has far less precedent compared to Roe in the United States and has a Thomas-shaped target on its back. The current Supreme Court is not afraid to reverse the rights of millions of LGBTQ individuals.
Activism, like the ballot initiative process we’re seeing from Ohio Equal Rights, represents an essential means of safeguarding civil rights. It’s important we continue to fight back and these sort of initiatives make a difference.
Maximilian Sandefer is a communications associate, freelance creative, and game show lover. He recently earned a master’s degree in Political Communication from American University.
The ruling in Tennessee’s gender-affirming care case could unravel key legal wins for transgender Americans as lower courts are told to take another look.
The U.S. Supreme Court has ordered lower federal courts to revisit pro-transgender rulings after siding with Tennessee in a 6-3 decision upholding the state’s ban on gender-affirming care for minors.
In its June 30 ruling, the Court found the law did not discriminate based on sex or transgender status -- and while it did not address other laws affecting transgender Americans, it opened the door for states to impose even broader restrictions on transgender rights and legal protections.
As reported by CNN, Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett wrote in concurring opinions that courts should not be required to closely scrutinize laws alleged to discriminate against transgender people.
A fundamentalist church in Indianapolis is defending a June 29 sermon in which a lay preacher urged congregants to pray for LGBTQ people to die and suggested they kill themselves.
The remarks, delivered by Stephen Falco during a “Men’s Preaching Night” at Sure Foundation Baptist Church, included multiple homophobic slurs, biblical references, and rants against Pride Month, LGBTQ rights, and what he called “disgusting” and “evil” behavior, according to TheIndianapolis Star.
"Why do I hate sodomites, why do I hate f****ts? Because they attack children," Falco ranted in the sermon, video of which was posted to Sure Foundation Baptist Church's YouTube channel. "They're coming after your children, they are attacking them in schools today, and not only schools, in public places, and they're proud about it!
State has 10 days to ban transgender athletes from girls’ teams or risk losing federal education funding, under a Title IX ultimatum from the Education Department.
The Trump administration has issued an ultimatum to the California Department of Education and the California Interscholastic Federation, demanding they ban transgender athletes from competing on girls' sports teams.
In a June 25 announcement, the U.S. Department of Education said California’s policy allowing transgender girls to compete on girls' teams violates Title IX, the 1972 law prohibiting sex-based discrimination in federally funded educational institutions.
The department also proposed a resolution requiring California to bar transgender athletes from girls' sports teams and revoke any records, titles, or awards they’ve received. It further calls on the state to send personalized apology letters to female athletes who were denied honors or recognition after being displaced by a transgender competitor.
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