Some States Seek to Overturn Marriage Equality

Attaining marriage equality for the LGBTQ+ community was a long-fought battle. Over the decades, there were near hits and mostly misses. There were commitment ceremonies that weren't sanctioned by the government and afforded no marriage benefits. Then, around the nineties, there were, slowly, state-by-state referendums and passages of laws starting with Massachusetts to recognise same-sex couplehoods but not full marriage. It seemed the straights, even liberal allies, were really hesitant to use the word "marriage." Even stalwart allies like Clinton and Obama hedged and hemmed and hawed over just how much equality would be allowed when it came to "marriage equality." And the year before the Great Orange One was elected, marriage equality was signed into law and became a reality on the federal level in 2015 with Obergefell v. Hodges. That meant that a marriage in one state was legal in all states. And conservatives lost their damn minds. Now, they are having their say and pushing back with every legal maneuver they can find as several states introduce bills to reverse marriage equality, or stymie its strength and recalibrate its legality.

Michigan, Idaho, Montana, North Dakota, South Dakota, Missouri, Oklahoma, Tennessee, and Texas want to see Obergefell dismantled or weakened with loopholes and redefinitions. According to Eugene over at Instinct, here is a glance at what these states have proposed or are working on, whether they are simply symbolic or strive toward a more stringent change or overturning of current law:

• Idaho: The latest push here isn’t likely to change the law, but it signals a larger effort to keep the conversation about overturning Obergefell alive. Lawmakers have voted to urge the Supreme Court to undo the marriage ruling, and the measure will now head to the state Senate.
• Michigan and Montana: Proposals have been introduced, but both are still stuck in the legislative process. In Michigan, it’s in a committee; in Montana, it was tabled by the Senate Judiciary Committee. While neither has advanced to law, they’re a reminder that the battle isn’t over.
• North Dakota and South Dakota: These states both had proposals that were shot down in recent votes—North Dakota’s in the Senate and South Dakota’s by a House committee. But just because a bill is defeated doesn’t mean this issue is dead.
• Missouri, Oklahoma, Tennessee, and Texas: These states are bypassing Obergefell directly by proposing laws to create “covenant marriages,” which would apply only to heterosexual couples. It’s a backdoor attempt to sidestep marriage equality by creating a separate (and legally privileged) category for straight marriages.

Some good advice here:

And as we know, last Fall the Supreme Court refused to hear a case to overturn Obergefell brought by Kim Davis, the four-times-married, three-times-divorced KY clerk who, due to her closely held religious beliefs,  has been fighting marriage equality since she refused to issue marriage licenses to queer couples back in 2015.

But this doesn't spell victory. The machinations of those nine states, other conservative politicians, and the work of groups like the Great Than Campaign will continue to use buzzwords and phrases like "traditional values" and "religious freedom" to create moral shelters they rhetorically gatekeep, to convince the voting population that their heterosexual family values are the most healthy, emotionally responsive, and longed for for children and couples. And damn any data that says otherwise.

(Marriage equality now and forever)

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