# The Campaign to Overrule Obergefell
Conservative activists and legal organizations have launched a coordinated effort to overturn Obergefell v. Hodges, the 2015 Supreme Court decision that legalized same-sex marriage nationwide. The campaign targets the ruling's constitutional foundation through multiple legal strategies and legislative proposals.
Groups including the Alliance Defending Freedom and National Organization for Marriage have drafted model legislation and filed amicus briefs in cases that could chip away at Obergefell's precedent. They argue the decision incorrectly extended the Due Process Clause of the Fourteenth Amendment to create a right to marry without sufficient constitutional text or historical support.
The effort gains momentum following the Supreme Court's 2022 decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and eliminated the federal constitutional right to abortion. In Dobbs, the majority opinion questioned the reasoning behind other substantive due process cases, creating vulnerability for decisions like Obergefell that rest on similar constitutional theories.
State legislatures controlled by conservative majorities have begun introducing bills that would restrict marriage recognition and LGBTQ+ protections. Some proposals would define marriage exclusively as a union between one man and one woman, potentially triggering conflicts with federal law and the Constitution.
Legal scholars debate whether a direct constitutional amendment could pass, but activists focus on incremental state-level restrictions that might force the Court to revisit Obergefell. Proponents argue democratic majorities should decide marriage policy rather than courts.
Civil rights organizations and LGBTQ+ advocates counter that Obergefell protects fundamental liberty interests and equality guaranteed by the Fourteenth Amendment. They warn that overturning the decision would destabilize family law, affect hospital visitation rights, inheritance, and tax benefits for millions of married same-sex couples.