By: Paul Goldberg – Senior Correspondent | LGBT Politics South Carolina
COLUMBIA, SC — (April 5, 2026) — A new resolution introduced by South Carolina lawmakers is reigniting the national debate over marriage equality, as Republican legislators push to overturn the landmark 2015 Supreme Court ruling that legalized same-sex marriage across the United States.
House Concurrent Resolution 5501 calls on the U.S. Supreme Court to revisit its decision in Obergefell v. Hodges and return authority over marriage laws to individual states. The resolution defines marriage as “a union of one man and one woman” and argues that the federal ruling conflicts with constitutional principles, states’ rights, and religious liberty.
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Supporters of the measure say the effort reflects the will of South Carolina voters, pointing to a 2006 state constitutional amendment — approved by nearly 78% of voters — that defined marriage in similar terms prior to being invalidated by the Supreme Court’s 2015 ruling.
However, legal experts note that the resolution carries no binding authority and would not alter existing federal law. The Obergefell v. Hodges decision remains the law of the land, further reinforced by the Respect for Marriage Act, which ensures that same-sex marriages are recognized across all states.
Critics of the proposal argue that the resolution is largely symbolic and distracts from more immediate policy concerns facing residents.
“Lawmakers in South Carolina cannot undo marriage for all committed couples in this country,” said Jace Woodrum, executive director of the ACLU of South Carolina. Woodrum also criticized the effort as out of step with broader public priorities, pointing to issues such as healthcare costs and economic challenges.
The resolution has been referred to the House Committee on Invitations and Memorial Resolutions, where its future remains uncertain.
While the measure does not carry legal force, analysts say it reflects a broader national trend of renewed political efforts aimed at revisiting established court rulings on social policy. For now, marriage equality remains federally protected, but debates at the state level continue to signal ongoing divisions over the issue.
Stay with JRL CHARTS – LGBT Politics Division for ongoing coverage of LGBTQ rights, state-level policy battles, and the evolving legal landscape shaping equality in America.
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