Michigan lawmaker urges US Supreme Court to overturn gay marriage ruling

LANSING, Mich. (FOX 2) - A Michigan lawmaker introduced a resolution to the state House of Representatives, urging the United States Supreme Court to overturn Obergefell v. Hodges, the case that legalized same-sex marriage nationwide.

Rep. Josh Schriver (R-Oxford), said he had 12 co-sponsors, but only six were listed when the resolution was introduced following Tuesday's House session.

The backstory:

The resolution comes after Schriver posted on social media late in 2024 that gay marriage should be banned.

"America only ‘accepted’ gay marriage after it was thrusted into her by a perverted Supreme Court ruling," he wrote in part on X. "Make gay marriage illegal again. This is not remotely controversial or extreme."

Schriver doubled down on what he said in a statement, where he wrote that gay marriage offends God. 

In a release announcing the new resolution, Schriver wrote that Obergefell v. Hodges "is at odds with the sanctity of marriage, the Michigan Constitution, and the principles upon which the country was established."

Without the Obergefill ruling, gay marriage would be illegal in Michigan due to an amendment voters passed in 2004. However, the Supreme Court decision supersedes that. 

Schriver went on to reference what he called "religious persecution" since the 2015 ruling, including a wedding venue that was fined for turning away an LGBTQ couple, and Michigan Attorney General Dana Nessel attempting to ban adoption agencies from turning away same-sex couples for religious reasons. However, a judge later ruled that faith-based adoption agencies can turn away prospective parents because they are LGBTQ.

Ten years ago the US Supreme Court ruled on Obergefell v Hodges - a case that included April and Jayne Deboer-Rowse - a same-sex couple from Metro Detroit trying to jointly adopt their children. Nessel was their attorney at the time.

Jay Kaplan is the staff attorney for the LGBTQ rights project at the ACLU of Michigan.

"The resolution - it's mean-spirited, it's cruel. It discounts the importance of LGBTQ relationships and all of the benefits and protection and security that comes from being able to be legally married," he said.

Kaplan calls the resolution mean-spirited - but says - technically - it means nothing.

"A resolution is not a court case and it takes a court case before the United States Supreme Court - where the court would reconsider the Obergefell decision," he said.
 

What they're saying:

Fears that the Supreme Court may take another look at the ruling and overturn it arose after Roe v. Wade was overturned, and has increased as lawmakers begin introducing legislation aimed at the landmark case.

"Today Republican State Representative Josh Schriver and many of his Republican colleagues joined together in an effort to end same-sex marriage in Michigan and across America," Nessel said. "A decade after we won the fight for equality, I'm not giving up the fight to maintain it, and I'm sure as hell not giving up this ring."

Lawmakers in other states, including Idaho, Montana, North Dakota, and South Dakota, have also been pushing the Supreme Court to revisit the ruling and overturn it. 

The new resolution received pushback from Democrats, with state Democratic Party Chair Curtis Hertel releasing a statement condemning the resolution:

"Unfortunately, this isn’t a surprise coming from Josh Schriver and the right-wing extremists that populate Matt Hall’s Republican caucus – and it’s deeply dangerous. Schriver is attacking hundreds of thousands of Michiganders who are nurses, teachers, soldiers, and beloved members of the community.

"From spreading racist conspiracy theories to homophobic rhetoric, Schriver does not deserve to serve the people of Michigan, let alone sit on a politically motivated oversight committee in the state House. Thankfully, I know that Democrats will continue to fight for Michiganders’ civil rights and personal freedoms in the face of these ugly attacks."

Republican State Rep. Donni Steele (Lake Orion) also released a statement critical of Schriver.

"The people sent us here to fix the roads and improve our schools. I want to be a part of a Republican party that is focused on the issues that matter most to all people. We all drive the same roads, shop at the same stores, and visit the same restaurants – we should be focused on improving peoples’ lives, not driving people further apart."

Gay marriage in Michigan

Because Michigan voters banned gay marriage in 2004, legalizing the practice would first require voters to remove the ban from the state constitution via ballot proposal.

Lawmakers have been pushing to codify same-sex marriage to protect it if Obergefell were to be overturned.

Under the existing amendment, if Obergefell were to be overturned, existing marriages in Michigan would be recognized, but future LGBTQ+ marriages would be banned, said Rep. Jason Morgan (D-Ann Arbor).

A similar scenario played out in 2022 when nationwide abortion was removed following a Supreme Court ruling. The overturning of that ruling allowed states to decide if they would allow abortions. Michigan had an existing abortion ban that was lifted after voters passed a proposal to allow the procedure.

Kaplan admits the current US Supreme Court is a cause for concern. Should they take up a same sex marriage case in the next few years, Michigan still has antiquated laws and constitutional amendment that make same-sex marriage illegal if Obergefell v Hodges was overturned.

Kaplan says this pushback to the marriage equality case is part of a larger pattern.

"This is also another page from all the anti-transgender attacks that we've seen - in this Michigan legislature they've introduced four bills - anti-trans bills," he said. "The attack is of the LGBTQ community as a whole - and we're going to be vigilant - we're going to stand up - we're going to speak out, and we're going to call it for what it is."
 

After the Roe ruling, Justice Clarence Thomas said that the Supreme Court should reconsider rulings that legalized same-sex marriage and protected same-sex relationships, creating fear in states that don't have protections in place.

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