3 States Just Boosted Same-Sex Marriage Protections in Case Supreme Court Overturns Landmark Ruling

Mar. 15, 2025

Vin Testa of Washington, D.C. waves an LGBTQIA pride flag before the Supreme Court building to mark the anniversary of the United States v. Windsor and Obergefell v. Hodges decision on June 26, 2023 in Washington, D.C.Photo:Anna Moneymaker/Getty

Anna Moneymaker/Getty

California, Colorado and Hawaii moved to protect same-sex marriage at the state level in the2024 electionsthis week.On Tuesday, Nov. 5, voters in the three left-leaning states approved ballot measures that will update their respective constitutions in an effort to ensure that marriage equality remains the law of the land.Though same-sex marriage has been legal nationwide since 2015 through the landmark Supreme Court decisionObergefell v. Hodges, some activists grew concerned about the future of marriage equality when the Supreme Court’s conservative supermajorityoverturnedRoe v. Wadein 2022.Joe and Frank Capley-Alfano of California rally before the Supreme Court in Washington, D.C. on April 28, 2015, the day the Court heard oral argument in Obergefell v. Hodges.Allison Shelley/For The Washington Post via GettyIn California, voters approvedProposition 3, which will remove the state’s inactive 2008 ban on same-sex marriage from the constitution and instead guarantee the right for people to marry regardless of their sex or race.Coloradans were given a similar option in the general election, approvingAmendment J, which posed the question, “Shall there be an amendment to the Colorado constitution removing the ban on same-sex marriages?” Colorado passed the ban in 2006, and it was never formally repealed.Hawaii legalized same-sex marriage two years before the Supreme Court mandated it, yet a section remained in the state constitution that gave the Hawaii Legislature authority to impose a same-sex marriage ban down the road. This year, Hawaii voters agreed to scratch that section from the constitution so that state lawmakers no longer have the power “to reserve marriage to opposite-sex couples.“Election materials on a table at Santa Clara County registrar of voters office on Oct. 21, 2024 in San Jose, California.Justin Sullivan/GettyIt has been suggested that the Supreme Court’s move to overturnRoe v. Wadepaves a path to go after same-sex marriages next, which far-right Justice Clarence Thomas seemingly alluded to in aconcurring opinionforDobbs v. Jackson Women’s Health Organization.Voters in California, Colorado and Hawaii amplified the safeguards for marriage equality at the same time that President-electDonald Trumpand Vice President-electJ.D. Vance, who have voiced hostilities toward LGBTQ+ people, prepare to enter the White House in January 2025.

California, Colorado and Hawaii moved to protect same-sex marriage at the state level in the2024 electionsthis week.

On Tuesday, Nov. 5, voters in the three left-leaning states approved ballot measures that will update their respective constitutions in an effort to ensure that marriage equality remains the law of the land.

Though same-sex marriage has been legal nationwide since 2015 through the landmark Supreme Court decisionObergefell v. Hodges, some activists grew concerned about the future of marriage equality when the Supreme Court’s conservative supermajorityoverturnedRoe v. Wadein 2022.

Joe and Frank Capley-Alfano of California rally before the Supreme Court in Washington, D.C. on April 28, 2015, the day the Court heard oral argument in Obergefell v. Hodges.Allison Shelley/For The Washington Post via Getty

Allison Shelley/For The Washington Post via Getty

In California, voters approvedProposition 3, which will remove the state’s inactive 2008 ban on same-sex marriage from the constitution and instead guarantee the right for people to marry regardless of their sex or race.

Coloradans were given a similar option in the general election, approvingAmendment J, which posed the question, “Shall there be an amendment to the Colorado constitution removing the ban on same-sex marriages?” Colorado passed the ban in 2006, and it was never formally repealed.

Hawaii legalized same-sex marriage two years before the Supreme Court mandated it, yet a section remained in the state constitution that gave the Hawaii Legislature authority to impose a same-sex marriage ban down the road. This year, Hawaii voters agreed to scratch that section from the constitution so that state lawmakers no longer have the power “to reserve marriage to opposite-sex couples.”

Election materials on a table at Santa Clara County registrar of voters office on Oct. 21, 2024 in San Jose, California.Justin Sullivan/Getty

Justin Sullivan/Getty

It has been suggested that the Supreme Court’s move to overturnRoe v. Wadepaves a path to go after same-sex marriages next, which far-right Justice Clarence Thomas seemingly alluded to in aconcurring opinionforDobbs v. Jackson Women’s Health Organization.

Voters in California, Colorado and Hawaii amplified the safeguards for marriage equality at the same time that President-electDonald Trumpand Vice President-electJ.D. Vance, who have voiced hostilities toward LGBTQ+ people, prepare to enter the White House in January 2025.

source: people.com