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Have any states passed laws attempting to nullify same-sex marriage decisions between 2021 and 2025?
Executive Summary
No U.S. state enacted a law between 2021 and 2025 that successfully nullified the Supreme Court’s 2015 same-sex marriage decision; instead, state-level activity in that period consisted chiefly of nonbinding resolutions, proposed bills, and existing “trigger” statutes that would restrict marriage equality only if Obergefell v. Hodges were overturned. Federal action—the Respect for Marriage Act—ensured federal recognition of same-sex and interracial marriages after 2022, but it does not erase state constitutional language or dormant statutes that could come back into force if the Supreme Court changes course [1] [2] [3]. Multiple states introduced or passed symbolic measures urging the Court to revisit Obergefell, and several legislatures proposed marriage-definition bills like “covenant marriage,” but the provided reporting finds no enacted state law during 2021–2025 that actually nullified same-sex marriage rights on its face [4] [5].
1. Why the headlines say “threats” but the record shows no enacted nullification
Legislative activity from 2021 through 2025 featured proposals and resolutions rather than successful statutory repeal of marriage-equality effects; dozens of reports document introduced bills and a handful of legislatures adopting nonbinding resolutions asking the Supreme Court to reconsider Obergefell, but these are expressions of opinion rather than operative law [6] [4]. At the same time, a substantial group of states still carry pre‑Obergefell constitutional amendments or so‑called trigger laws that were preserved in state codes and would automatically curtail same‑sex marriage if Obergefell were reversed; reporting in mid‑2025 catalogues roughly three dozen states with such instruments on the books [3] [7]. The distinction matters: resolutions and proposed bills signal political intent, while trigger laws and dormant constitutional bans represent legal pathways that would become effective only under a different Supreme Court holding [3] [7].
2. Federal backstop and its limits: Respect for Marriage Act explained
Congress enacted the Respect for Marriage Act in December 2022, and the law requires federal recognition of same‑sex and interracial marriages and mandates that states generally recognize marriages validly performed in other states, creating a federal recognition floor for married couples [2]. That federal law does not, however, expunge state constitutional amendments or automatically prevent states from enacting laws that define marriage in narrower terms if the Supreme Court abandons Obergefell; the Act protects recognition but does not preclude states from changing domestic policy absent a controlling Supreme Court precedent [8] [2]. Analysts point out that the Act raises the legal and political bar for rolling back on‑the‑ground protections, but it is not a full, unilateral override of every state statute or amendment that predates Obergefell [2].
3. What actually passed — symbolic resolutions and stalled statutory efforts
Between 2021 and 2025, several state legislatures passed nonbinding resolutions urging the Supreme Court to revisit or overturn Obergefell; Idaho led early efforts, and legislatures in Michigan, Montana, North Dakota, and South Dakota followed with similar measures, though these do not create enforceable legal change [6] [5]. Lawmakers also introduced bills in multiple states to create alternative marriage frameworks—often labeled “covenant marriage”—that would restrict divorce or define marriage in traditional terms, with bills filed in Missouri, Oklahoma, Tennessee, and Texas; these initiatives remained largely proposals rather than enacted law in the reviewed period [4] [5]. Reporting through 2025 finds no evidence of an enacted state statute between 2021 and 2025 that successfully nullified the effect of Obergefell on the legal status of same‑sex marriages [1] [9].
4. Litigation and individual challenges kept the issue alive in courts
Parallel to legislative maneuvers, individual litigants such as former Kentucky county clerk Kim Davis pursued appeals and petitions seeking Supreme Court review of religious‑freedom defenses to same‑sex marriage obligations, with petitions and lower‑court rulings generating ongoing litigation through 2025 [8] [9]. Courts have rejected some claims at the appellate level, and the Department of Justice and civil‑rights advocates have underscored the protective effect of federal recognition statutes, but legal challenges persist and could create pressure points even without state laws explicitly nullifying marriages [9] [8]. The existence of litigation underscores that political, legislative, and judicial fronts remained active and interconnected between 2021 and 2025 [4].
5. Competing narratives: political signaling versus legal reality
Conservative legislators and religious groups framed resolutions and proposed bills as necessary to restore what they see as traditional marriage definitions and to press the Supreme Court to reconsider its 2015 ruling, indicating a clear political agenda behind many of the initiatives [5]. LGBTQ advocates and many legal experts framed the same activity as symbolic or opportunistic, noting strong public support for same‑sex marriage and pointing to the Respect for Marriage Act as a buffer against state‑level rollbacks [6] [2]. Independent reporting through 2025 consistently shows a gap between political signaling and enacted legal change: states increased pressure through resolutions, proposals, and reliance on dormant trigger laws, but none enacted a law during 2021–2025 that in practice nullified same‑sex marriage decisions [3] [4].