Full Breakdown
South Carolina Republicans Push for Overturn of Marriage Equality Ruling
4/6/2026, 8:52:24 PM
Legislative Action to Challenge Obergefell v. Hodges
A group of 12 Republican lawmakers in South Carolina has introduced H-5501, a concurrent resolution aimed at demanding the U.S. Supreme Court overturn its 2015 ruling in Obergefell v. Hodges, which legalized marriage equality nationwide. The resolution calls for the rejection of the Obergefell decision and seeks to restore the definition of marriage as a union exclusively between one man and one woman. It also advocates for returning the authority over marriage laws to individual states and their citizens.
Despite its introduction, it is important to note that concurrent resolutions, such as H-5501, do not carry legal weight in South Carolina. This legislative move is part of a broader trend observed in various states, where far-right Republican lawmakers have begun to propose similar resolutions. States like Idaho, Michigan, Montana, North Dakota, and South Dakota have also seen efforts to challenge marriage equality.
Background on Marriage Equality in South Carolina
In 2006, South Carolina voters passed a constitutional amendment that prohibited same-sex marriage. However, public opinion appears to be shifting; a 2025 poll conducted by the Public Religion Research Institute (PRRI) indicated that 54% of South Carolinians now support marriage rights for same-sex couples. This change in sentiment highlights a growing acceptance of LGBTQ+ rights within the state.
Criticism from Advocacy Groups
Progressive advocates have condemned the resolution, arguing that it represents an extremist viewpoint. Jce Woodrum, the executive director of the ACLU of South Carolina, stated, “Lawmakers in South Carolina cannot undo marriage for all committed couples in this country.” This sentiment reflects a broader concern among LGBTQ+ advocates about the implications of such legislative efforts.
National Context and Judicial Perspectives
The push to overturn Obergefell is not isolated to South Carolina. It reflects a national trend where conservative lawmakers in various states are attempting to challenge the established legal framework surrounding marriage equality. Notably, in 2020, two Supreme Court justices expressed a desire to revisit the Obergefell ruling, although Justice Amy Coney Barrett indicated in 2025 that a reversal is unlikely.
Official Statements & Responses
The resolution has sparked significant debate, with opponents emphasizing the importance of protecting marriage equality as a fundamental right. Advocates for LGBTQ+ rights continue to mobilize against such legislative efforts, asserting that they undermine the progress made in recent years.
Conflicting Reports & Gaps
While the resolution has garnered attention, it remains unclear how much support it will receive within the broader legislative framework of South Carolina. Additionally, the potential implications of such a resolution on state law and public sentiment remain to be fully assessed.
Verbatim Quotes
- “Lawmakers in South Carolina cannot undo marriage for all committed couples in this country,” — Jce Woodrum, Executive Director, ACLU of South Carolina.
