Fact Check: More than two dozen states could ban same-sex marriage if Obergefell is overturned.

Fact Check: More than two dozen states could ban same-sex marriage if Obergefell is overturned.

Published June 26, 2025
by TruthOrFake AI
VERDICT
True

# Fact Check: "More than two dozen states could ban same-sex marriage if Obergefell is overturned." ## What We Know The claim that "more than two doz...

Fact Check: "More than two dozen states could ban same-sex marriage if Obergefell is overturned."

What We Know

The claim that "more than two dozen states could ban same-sex marriage if Obergefell is overturned" is supported by recent findings from the Williams Institute at UCLA School of Law. According to their report, if the Supreme Court were to overturn the Obergefell v. Hodges decision, which legalized same-sex marriage nationwide, 31 states would be particularly vulnerable due to existing statutes or constitutional amendments that ban marriage equality (source-1). This concern is heightened by the current political climate, where some lawmakers and judges are taking steps that could challenge the Obergefell ruling (source-1).

The Supreme Court's recent history, including the overturning of Roe v. Wade, has raised fears that similar actions could be taken against same-sex marriage (source-1). Furthermore, the legal landscape surrounding marriage equality remains precarious, with some justices expressing a willingness to revisit Obergefell, which could lead to significant changes in the legal status of same-sex marriage in various states (source-1).

Analysis

The evidence supporting the claim is robust, as it is derived from credible research conducted by the Williams Institute, a respected entity in the field of LGBTQ rights. Their findings indicate that 31 states have laws or amendments that could potentially ban same-sex marriage if Obergefell is overturned (source-1). This aligns with information from other sources that also highlight the existence of such laws across multiple states (source-4; source-6).

The potential for these laws to be enacted is not merely theoretical; it reflects a tangible risk given the current composition of the Supreme Court and the political environment, which has seen a rise in anti-LGBTQ legislation (source-1). Critics of the Obergefell decision, including some justices, have indicated a desire to revisit the ruling, which adds to the uncertainty surrounding marriage equality (source-1).

Conclusion

Verdict: True
The claim that more than two dozen states could ban same-sex marriage if Obergefell is overturned is substantiated by credible research and expert opinion. The current legal and political landscape indicates that 31 states have the potential to enact bans on same-sex marriage, reflecting a significant risk to marriage equality in the United States if the Supreme Court were to reverse its previous ruling.

Sources

  1. A decade after the Supreme Court's Obergefell decision, ... UCLA Newsroom
  2. This map shows the impact of Obergefell v. Hodges on same-sex marriage ... NPR
  3. Same-sex marriage law in the United States by state Wikipedia
  4. Ten Years In, Same-Sex Marriage Is Part of American Life. ... New York Times
  5. Here's where same-sex marriage would be banned without Obergefell - Axios Axios

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