If Obergefell v. Hodges falls, the next question won’t be if some states ban same-sex marriage—it will be which ones move first.
And here’s the sobering truth: the groundwork is already done. Legislatures in at least nine states have introduced resolutions, bills, or constitutional amendments signaling their intent to outlaw same-sex marriage if the Supreme Court gives them the green light. Some of these laws are “trigger bans,” written to snap into place automatically the moment federal precedent changes. Others are symbolic for now—but as we saw with abortion, “symbolic” can turn deadly serious overnight.
The states most openly preparing for a post-Obergefell world are a familiar lineup:
Texas – lawmakers have repeatedly filed measures to remove marriage equality from state law and constitution.
Alabama – still has an unenforceable ban in its constitution, and leadership has signaled it would enforce it if allowed.
Oklahoma – multiple bills filed to restrict marriage to “one man and one woman.”
Mississippi – language still on the books from pre-Obergefell days, just waiting for activation.
Tennessee – legislators openly discussing “natural marriage” bills.
South Carolina, North Dakota, Missouri, Utah – each has introduced or passed anti-marriage resolutions in recent years.
This list is not exhaustive. It’s a starting point. And it doesn’t even account for states where political leaders are staying quiet publicly while privately preparing legal challenges.
The Respect for Marriage Act would force these states to recognize same-sex marriages performed elsewhere. But that’s cold comfort for couples forced to travel across state lines just to get a license, for children whose parents’ marriage might suddenly be illegal in their home state, or for anyone whose community would treat their family as second-class.
The fight over Obergefell isn’t about dusty court rulings—it’s about whether a basic human right will depend on your zip code. And if history is any guide, the first bans will pass with speed and cruelty. The map is already being drawn. We just have to decide whether we’re going to let them color it in.
Next in the series: The Price of Prejudice: How Attacking Rights Hurts Economies — why discrimination isn’t just immoral, it’s financially disastrous for the very states pushing it.
The Humane Herald 