"If the Supreme Court reverses Obergefell and determines bans against marriage equality are not unconstitutional, states with laws protecting same-sex couples' right to marry would need to independently overturn their laws for it to be banned. Those with constitutional amendments protecting marriage equality would have to call a referendum vote to overturn them, and those protected by state Supreme Court rulings - the next highest authority after the U.S. Supreme Court -would need their state's court to agree to hear the case again."
"If Obergefell is reversed, marriages between same-sex couples will still be recognized federally under the Respect for Marriage Act. Signed into law by President Joe Biden in 2022, the act mandates that the federal government recognizes same-sex and interracial marriages, and that all states recognize those performed in other states. However, the act does not require states to allow marriages between same-sex couples."
Obergefell v. Hodges made bans on same-sex marriage unconstitutional in 2015, but a Supreme Court reversal could remove nationwide protection. If the Court overturns Obergefell, states with statutory protections would need to repeal laws and states with constitutional amendments would need referendums to ban same-sex marriage. Protections based on state supreme court rulings would require the state court to revisit the matter. The Respect for Marriage Act preserves federal recognition of same-sex and interracial marriages and requires states to recognize out-of-state marriages, but does not compel states to allow new same-sex marriages. Nine states have introduced nonbinding resolutions asking the Court to rehear the case, and some justices have voiced opposition.
Read at Advocate.com
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