“Forced divorce” fears as nine US states challenge marriage equality
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“Forced divorce” fears as nine US states challenge marriage equality
Five US states are petitioning the US Supreme Court to overturn Obergefell v. Hodges, the landmark 2015 decision that legalised same-sex marriage across all fifty US states.
A further four states are pushing for the introduction of “covenant marriage”, a more traditional form of marriage which some activists say is at odds with same-sex marriage.
The prospect of overturning same-sex marriage has raised fears about states rescinding existing marriages and even “forced divorces” for married same-sex couples.
The states of Idaho, Michigan, Montana, North Dakota and South Dakota have introduced measures that specifically ask the Supreme Court to overturn the Obergefell ruling, according to NBC News.
In a press release posted to X, State Rep. Josh Schriver, a Republican who was elected in 2022, claimed Obergefell “is at odds with the sanctity of marriage, the Michigan constitution and principles upon which the country was established”.
Activists fear a situation similar to Roe v. Wade, which was overturned by the Supreme Court in 2022. That decision removed the federal constitutional right to abortion, allowing individual states to decide the matter. Following the ruling, 19 states banned or limited access to the procedure.
Four additional states — Missouri, Oklahoma, Tennessee and Texas — have introduced legislation that doesn’t explicitly refer to Obergefell. However, these bills would create a category of legal marriage called “covenant marriage”.
While covenant marriage does not necessarily exclude same-sex couples, it is often religious in nature, stemming from Biblical descriptions of marriage as a covenant.
Covenant marriages impose relatively strict requirements for entering into and ending a marriage, as opposed to standard marriage contracts.
Grounds for divorce in covenant marriages are usually limited to abuse or adultery. They do not allow for no-fault divorces (dissolution of a marriage without proof of wrongdoing).
This form of marriage also generally requires couples to undergo premarital counselling – often by a religious authority but sometimes a secular couples therapist – and counselling should a couple have marital problems.
Because of its position outside modern, liberalised marriage, some see covenant marriage as incompatible with same-sex marriage.
Rapidly deteriorating situation
The marriage machinations are part of a wider pushback against LGBTQIA+ rights in the US, with the situation rapidly deteriorating since US President Donald Trump came to office.
In January, Trump signed an executive order banning trans troops from the US military.
On the day of his inauguration, he signed an executive order recognising only two genders. That order claimed it was an “immutable and biological reality” that trans and gender diverse people don’t exist.
Last month, the US State Department banned US embassies and consulates from flying the rainbow pride flag or any flag other than the US flag.
The move was part of the Trump administration’s pledge to crack down on diversity efforts in government institutions, reported The Guardian.
Yesterday, the Pew Research Center revealed most LGBTQIA+ adults in the United States expect Trump’s polices to affect them negatively.
The organisation said 78 per cent of those polled expect the administration’s policies to have a negative impact on trans people, while 71 per cent expect a negative impact on the wider LGBTQIA+ community.
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