Overturning Obergefell: Fixing A Flawed Ruling

10 years ago, five Supreme Court justices sought to redefine marriage in a way that ignored its roots in natural law and created a so-called constitutional “right” to same-sex “marriage” through the Obergefell v. Hodges decision.

And no, these judges didn’t just reinterpret marriage, they invented something entirely new, and forded it on the nation.

A decade later and we’re still grappling with the ramifications of this ruling, and it’s time to admit this ruling stands on shaky ground, much like Roe v. Wade did before it was overturned.

The U.S. Constitution doesn’t mention same-sex “marriage,” it’s simply not there. The “right” crafted in Obergefell is legal fiction, and it’s causing real harm across the whole of society that needs to end.

Marriage, as it’s been understood for centuries, is about creating a stable foundation for families; specifically, for raising children with both a mother and a father. Same-sex “marriage” (which we will refer to as “unions” from this moment onward) by its very design, deprives children of that balance, putting families at risk in ways we’re only beginning to understand.

Chief Justice John Roberts got it right in his dissent when he said:
“Marriage, as the union of a man and a woman, isn’t some random historical accident. It wasn’t born from politics, religion, or exclusionary motives. It exists to meet a fundamental need: ensuring kids grow up with a mom and dad committed to raising them together in a stable, lifelong partnership.”

Marriage, at its core, is about family. It’s about giving children the best shot at a healthy, balanced upbringing, whilst same-sex unions disrupt that by permanently excluding either a mother or a father, which studies and common sense tell us are vital for a child’s emotional and developmental well-being.

The Ripple Effects Are Real

Obergefell opened a door to a slew of consequences we’re now seeing play out in real time.

Look around during “Pride” month: explicit (and often nude) displays in front of kids, drag queen story hours, and aggressive pushes to normalize complex gender ideologies in schools. This isn’t just about two people getting married anymore; it’s about a broader cultural shift that’s left children vulnerable.

From males competing in women’s sports to the erosion of private spaces, the movement sparked by Obergefell has spiraled far beyond its original framing which was a warning raised by pro-family groups like the Family Research Council well before the ruling was made.

Ultimately, children are paying the steepest price and sets them up for a variety of emotional struggles compared to those raised by opposite-sex parents. Add to that the troubling rise of practices like surrogacy, which can involve ethically murky processes to provide children to same-sex couples.

Children need both a mother and a father, this isn’t just for love, but for the distinct roles each brings. Single parents, whilst facing challenges, don’t inherently reject the value of the missing parent’s gender. Same-sex unions, by contrast, often frames the absent gender as unnecessary, which can skew how kids view family and identity.

That’s a double blow to their well-being.

A Threat to Freedom and Faith

Obergefell doesn’t just harm families, it also threatens religious liberty.

Take Kim Davis, a Kentucky clerk who spent six days in jail for refusing to issue same-sex “marriage” licenses whilst seeking a religious accommodation. She’s still fighting and facing massive legal fees for standing by her faith.

Her case, now being pushed to the Supreme Court by Liberty Counsel, highlights how Obergefell forces people of faith to choose between their conscience and the law. As Chief Justice Roberts noted, religious freedom is explicitly protected in the Constitution—unlike the invented “right” to same-sex “marriage.”

Justice Clarence Thomas put it bluntly: Obergefell created a mess only the Supreme Court can clean up. Its “ruinous consequences for religious liberty” are undeniable. With three of the original five justices who backed Obergefell no longer on the bench, the Court has a chance to fix this. Just as it overturned Roe v. Wade after decades of precedent, it can—and should—revisit Obergefell.

Time to Restore Marriage’s True Meaning

Marriage between a man and a woman isn’t just a tradition; it’s the bedrock of society, designed to nurture families and protect kids. Obergefell’s attempt to redefine it has caused chaos, from cultural shifts that endanger children to legal battles that punish people of faith.

We can’t keep pretending this ruling is untouchable. It’s not grounded in the Constitution, and its consequences are too serious to ignore.

To echo Chief Justice Roberts, who are we to think we can rewrite an institution that’s held society together for thousands of years?

Marriage isn’t ours to redefine, it was God’s idea and His intentional design works because it reflects reality. The sooner the Supreme Court corrects this mistake, the better for our kids, our families, and our freedoms.

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