Is Donald Trump Overturning Gay Marriage?

The question of whether Donald Trump is overturning gay marriage has been a topic of considerable discussion and concern, especially among the LGBTQ+ community and its allies. To address this question comprehensively, it’s essential to explore Trump’s historical stance on same-sex marriage, recent legislative efforts, and the current legal landscape surrounding marriage equality in the United States.​

Donald Trump’s Stance on Same-Sex Marriage

Donald Trump’s views on same-sex marriage have evolved over the years. In the early 2000s, Trump expressed opposition to same-sex marriage but showed support for civil unions, indicating a willingness to recognize certain legal rights for same-sex couples. During his 2016 presidential campaign, he maintained that he was “for traditional marriage,” suggesting that marriage should be between a man and a woman. However, after the Supreme Court’s 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide, Trump stated that the issue was “settled” and that he was “fine with” the ruling. ​

Legislative Efforts to Overturn Gay Marriage

While Trump has not taken direct action to overturn same-sex marriage, certain legislative efforts at the state level have raised concerns. In recent years, Republican lawmakers in several states have introduced measures aiming to challenge or undermine the federally protected right to same-sex marriage. For instance, in Oklahoma, state senators introduced bills promoting traditional family structures with tax credits and seeking to challenge the Supreme Court’s 2015 decision in Obergefell v. Hodges. Similarly, lawmakers in Idaho petitioned the Supreme Court to reverse its ruling on same-sex marriage.

The Role of the Supreme Court in Overturning Gay Marriage

It’s important to understand that the power to overturn a Supreme Court decision like Obergefell v. Hodges rests primarily with the Supreme Court itself. Neither the President nor individual states have the authority to unilaterally overturn such a decision. However, the President can influence the Court’s composition through judicial appointments, potentially affecting future rulings on related issues. During his first term, Trump appointed three justices to the Supreme Court, shifting its ideological balance. While these appointments have raised concerns among LGBTQ+ advocates, there has been no indication that the Court intends to revisit the Obergefell decision in the immediate future.​

Public Opinion and Same-Sex Marriage

Public support for same-sex marriage has grown significantly over the past decade. According to a 2024 Gallup poll, 69% of Americans support legal same-sex marriage, with higher support among Democrats and independents compared to Republicans. This shift in public opinion has made efforts to overturn marriage equality increasingly challenging, as many politicians are reluctant to oppose an issue that enjoys broad public support. ​

The Respect for Marriage Act

In response to concerns about the potential reversal of marriage equality, Congress passed the Respect for Marriage Act in 2022. This legislation requires all states to recognize same-sex marriages performed in other states, providing an additional layer of protection for marriage equality. While the Act does not compel states to issue same-sex marriage licenses if Obergefell were overturned, it ensures that marriages legally performed elsewhere are recognized nationwide.

Is Donald Trump Overturning Gay Marriage?

As of now, Donald Trump has not taken direct action to overturn same-sex marriage, and the Supreme Court’s 2015 decision in Obergefell v. Hodges remains the law of the land. While there have been legislative efforts at the state level to challenge marriage equality, these have not resulted in significant changes to the legal status of same-sex marriage nationwide. Public opinion continues to favor marriage equality, and federal protections like the Respect for Marriage Act provide additional safeguards. Therefore, despite ongoing debates and challenges, same-sex marriage remains legally recognized across the United States.