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Republican lawmakers in South Carolina are trying to pass a resolution to demand the Supreme Court overturn its 2015 Obergefell v. Hodges ruling that legalized marriage equality in all the states that hadn’t yet done so, including South Carolina.
A group of 12 Republicans in the South Carolina House of Representatives introduced H-5501, a concurrent resolution that calls on the state to “reject the Supreme Court of the United States’ Obergefell decision and to call on the Supreme Court to reverse Obergefell and restore the natural law definition of marriage, a union of one man and one woman and to insist on restoring the issue of marriage and enforcement of all laws pertaining to marriage back to the several states and the people.”
The local TV news station WACH notes that concurrent resolutions have no legal force in South Carolina. Still, progressive advocates called out the resolution.
“Lawmakers in South Carolina cannot undo marriage for all committed couples in this country,” ACLU of South Carolina executive director Jce Woodrum said. “These lawmakers are fringe extremists.”
South Carolina passed a state constitutional amendment banning same-sex couples from getting married in 2006. In 2025, a PRRI poll found that 54% of people in South Carolina now support marriage rights for same-sex couples.
The resolution is part of a trend started last year, as far-right Republicans in state legislatures across the country started introducing resolutions demanding the Supreme Court overturn marriage equality. Other states that have seen such resolutions include Idaho, Michigan, Montana, North Dakota, and South Dakota.
Several red states have also considered bills that would give extra rights to opposite-sex couples who get married.
Two Supreme Court justices said in 2020 that they would like to overturn Obergefell. Conservative Justice Amy Coney Barrett said in 2025 that it is unlikely to happen.


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