A decade after the U.S. legalized gay marriage, Jim Obergefell says the fight isn't over
- - - A decade after the U.S. legalized gay marriage, Jim Obergefell says the fight isn't over
Steven RomoJune 26, 2025 at 1:00 PM
Jim Obergefell, 58, at his home in Sandusky, Ohio, on June 15. (Dustin Franz for NBC News)
A decade after the Supreme Court's historic Obergefell v. Hodges decision legalized same-sex marriage nationwide, some advocates fear the fight for marriage equality is far from over. Among them is Jim Obergefell, the plaintiff in the case, who became the face of the 2015 decision and has continued to advocate for LGBTQ rights.
"Ten years later, I certainly wasn't expecting to be talking about the threats to marriage equality, the potential for Obergefell to be overturned," Obergefell told NBC News in an interview.
The 2015 ruling was a turning point for LGBTQ rights. But Obergefell said he fears recent comments from conservative Supreme Court justices may signal a willingness to overturn it, particularly after the court overturned Roe v. Wade in 2022, ending the constitutional right to abortion.
"For 49 years, people grew up with that right, and then with the proverbial stroke of a pen on that decision, that right was taken away," Obergefell said. "We have to learn from that."
In his concurring opinion in Dobbs v. Jackson Women's Health Organization, the case that overturned Roe, Justice Clarence Thomas explicitly mentioned Obergefell as a decision that the high court should reconsider, raising alarms among same-sex marriage advocates. Justice Samuel Alito, in a separate 2024 opinion, also expressed concerns about the Obergefell decision, warning that Americans who oppose same-sex marriage on religious grounds could be labeled as bigots.
Clockwise from top: Jim Obergefell after the Supreme Court legalized same-sex marriage nationwide on June 26, 2015. At home, a framed photo of his late husband, John Arthur, who died of ALS before the decision was handed down, next to a photo of Obergefell with President Barack Obama. Obergefell on the phone with Obama on the steps of the Supreme Court after the court's landmark decision. (Getty Images file; AP Images for Human Rights Campaign file; Dustin Franz for NBC News)
Over the past several months, Republican lawmakers in at least 10 states have introduced measures aimed at undermining same-sex marriage rights. These measures, many of which were crafted with the help of the anti-marriage equality group MassResistance, seek to ask the Supreme Court to overturn Obergefell.
MassResistance told NBC News that while these proposals face backlash and wouldn't change policy even if passed, keeping opposition to same-sex marriage in the public eye is a win for them. The group said it believes marriage laws should be left to states, and they question the constitutional basis of the 5-to-4 Dobbs ruling.
NBC News reached out to the authors of these state measures, but they either declined an interview or did not respond.
"Marriage is a right, and it shouldn't depend on where you live," Obergefell said. "Why is queer marriage any different than interracial marriage or any other marriage?"
Obergefell's journey to becoming a leader for same-sex marriage rights began with his own love story. In 2013, after his partner, John Arthur, was diagnosed with terminal ALS, the couple decided to wed. They had to charter a medical flight because of Arthur's health and flew from Ohio, their home state, to Maryland, where same-sex marriage was legal. They married on the tarmac before flying home. However, when they discovered that Ohio would not recognize their marriage on Arthur's death certificate upon his death, they decided to go to court.
Arthur died before the Supreme Court's decision was handed down.
"People still stop me and hug me, often crying," Obergefell said. "They talk about what this decision, what marriage equality, means to them or someone they love."
Jim Obergefell with photographs of his late husband, John Arthur. (Dustin Franz for NBC News)
Mary Bonauto, one of the attorneys who argued for Obergefell before the Supreme Court, said she doesn't see any current cases that would upend the ruling.
"There's no imminent threat to the ruling now, but one doesn't know if one could emerge," she said. "I do not have a crystal ball, but what I do know is that the Supreme Court turns down roughly 98% to 99% of the cases it's asked to take every term. And there are many pressing issues out there."
Public support for same-sex marriage has grown significantly over the past decade. According to new Gallup polling, 68% of Americans now believe same-sex marriage should be legal. However, support among Republicans has dipped 14 points since 2022, now standing at 41%. The polling shows 88% of Democrats support same-sex marriage. This 47-point gap between the parties is the widest since Gallup started tracking the issue in 1996.
The Respect for Marriage Act, signed into law by President Joe Biden in 2022, provides some federal protections for same-sex marriage, but it stops short of requiring all states to grant marriage licenses to same-sex couples.
Bonauto said that despite any ebbing of public support in certain quarters, the ramifications of overturning Obergefell would be immense, not only for same-sex couples, but for the institutions now accustomed to marriage equality.
"I do think there's a reason why marriage is widely supported, even if some people are harboring mixed feelings, which would be fine. I can live with that," Bonauto said. "I do think, in the end, though, that most American people are not going to want to see this right taken away from people and the effects that that would have on the couples, the kids, the wider institutions, the insurers, the health care providers or the employers."
Regardless of the current political environment and his own fears, Obergefell said he remains hopeful.
"My husband, John, was a very optimistic person, and he certainly had an impact on me," he said. "I have to be confident that we will prevail."
Obergefell's wedding band and the couple's anniversary rings. (Dustin Franz for NBC News)
Source: AOL General News
