How SCOTUS Could Overturn Gay Marriage: A Legal and Historical Path

The U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges legalized same-sex marriage nationwide, declaring it a fundamental right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

Yet, with a 6-3 conservative majority as of 2025, the Court could overturn Obergefell in a future case—perhaps one challenging state bans or federal benefits. Justice Clarence Thomas has already signaled openness to revisiting the ruling, calling it an overreach of judicial power.