Michigan lawmaker urges US Supreme Court to overturn gay marriage ruling

*This is being reported by FOX 2 Detroit.

The Brief

• • Michigan Rep. Josh Schriver is proposing a resolution that would urge the U.S. Supreme Court to overturn the ruling that legalized same-sex marriage nationwide.
  • Schriver says allowing gay marriage has led to “religious persecution” and goes against “the sanctity of marriage.”
  • Gay marriage is banned in Michigan’s constitution, but is allowed due to the 2015 Supreme Court ruling that Schriver and the resolution’s co-sponsors wish to overturn.

LANSING, Mich. (FOX 2) – A Michigan lawmaker plans to introduce 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), along with 12 co-sponsors, will introduce the House resolution following Tuesday’s 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.

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.

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.”

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.

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.