10 Years After the Supreme Court Ruled in his Favor, Jim Obergefell Sees Threats to Marriage Equality

A decade after the historic Supreme Court decision legalizing same sex marriage that bears his name, Jim Obergefell is surprised by one thing. "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 reasons he cites are recent comments from conservative Supreme Court justices, specifically Clarence Thomas and Samuel Alito, that want Obergefell v. Hodges overturned. And he cites as precedent the 2022 decision to overturn Roe v. Wade, 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."

NBC News writes: "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."

Republican lawmakers in in at least 10 states have introduced measures aimed at undermining same-sex marriage rights. Many of these were crafted with the help of the anti-marriage equality group MassResistance, seek to ask the Supreme Court to overturn Obergefell. While a spokeperson for MassResistance told NBC News that such proposal wouldn't change policy even if they were passed, they see them as a win because it keeps opposition to same sex marriage in the public eye.

"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 legal battle began when his partner, John Arthur, was diagnosed with terminal ALS, which led the couple to decide to wed. To do so, they needed to travel to Maryland where same sex marriages were recognized, and chartered a medical flight because of Arthur's health. But when they returned to Ohio where they resided, they discovered the state would not recognize their marriage on Arthur's birth certificate upon his death and decided to go to court. Sadly, Arthur passed before SCOTUS ruled on the case.

But is there a case groups like MassResistance can bring to the Supreme Court? Mary Bonauto, one of the attorneys who argued for Obergefell before the Supreme Court, spoke to NBC News and 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."

She continued noting 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."

While public support for same sex marriage has grown significantly in the 10 years since the Obergefell decision was made with 68% of Americans (according to Gallup) saying that it should be legal, it has dipped 14% among Republicans in the past three years to 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.

Nonetheless, 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."