Christian nationalist Oklahoma state Sen. Dusty Deevers (R) and state Rep. Jim Olsen (R) have filed a resolution asking the U.S. Supreme Court to overturn Obergefell v. Hodges, the 2015 U.S. Supreme Court decision that legalized same-sex marriage nationwide. Republican lawmakers in at least five other states have introduced similar resolutions, all of which are largely symbolic and non-binding.

Senate Concurrent Resolution 8 claims that the 2015 high court ruling conflicts with the original meaning of the U.S. Constitution, the country’s founding principles, and “the deeply rooted history and tradition” regarding state regulation of marriage rights. It also notes that 75% of Oklahoma voters supported banning any recognition of same-sex unions in a 2004 ballot measure.

The resolution refers to the Supreme Court decision as an “unwarranted governmental intrusion,” accuses the high court of abusing “the Fourteenth Amendment’s Due Process Clause to fabricate substantive rights,” and says the 2015 decision is “undermining the civil liberties” of states “without any valid constitutional warrant for doing so.”

“For millennia marriage has been understood, both in biblical teaching and in the Anglo-American common-law tradition, as the lifelong covenant union of one man and one woman,” the resolution states. “Obergefell arbitrarily and unjustly rejected and prohibited states from recognizing this definition of marriage in favor of its own definition of marriage and a novel, flawed interpretation” of the U.S. Constitution.

It also notes that both Democratic Justices Ruth Bader Ginsburg and Elena Kagan had previously officiated same-sex weddings before the ruling and “should have recused themselves” from the Obergefell case. It further states that the decision has resulted in litigation directly targeting Christian business owners who refuse to accommodate same-sex couples and has resulted in Christians being vilified as “bigoted.”

“Obergefell played a role in erasing biological distinctions in other arenas, threatening women’s privacy, safety, and athletic opportunities,” the resolution adds, drawing a dubious connection between same-sex marriage and transgender people’s civil rights.

If the resolution is approved by state lawmakers, copies of it will be distributed to the Supreme Court, the president of the U.S. Senate, the Speaker of the House of Representatives, members of the Oklahoma congressional delegation and the Oklahoma attorney general, the resolution states.

Similar resolutions have been introduced in at least five other states: Michigan, Idaho, Montana, North Dakota, and South Dakota.

Deevers & Olsen’s resolution relies on legal misinterpretations

The court’s 2015 decision relied partially on the 1967 high court ruling in Loving v. Virginia, which granted marriage rights to heterosexual couples consisting of individuals from different racial ethnicities. 

“If rights were defined by who exercised them in the past, then received practices could serve as their own continued justification and new groups could not invoke rights once denied,” the Supreme Court wrote in its 2015 decision.

The court’s majority opinion also ruled that governmental refusal to recognize same-sex marriages denies them numerous benefits of marriage, including the ability to care for children and family members. State bans on same-sex marriages also restricted same-sex couples’ and their families’ ability to move freely around the country, since their rights could vary greatly if they moved to an anti-marriage state, the court ruling said.

As such, the court ruled that same-sex marriage bans violate both the Due Process Clause and the Equal Protection Clause by needlessly introducing instability into same-sex relationships for no justifiable or compelling government interest.

While some Christian businesses have been sued for refusing to serve LGBTQ+ people and same-sex couples based on “sincerely held religious beliefs,” these lawsuits have focused on how such refusals violate public accommodations protections in state anti-discrimination laws, which require businesses to treat citizens equally, regardless of sexual orientation.

Deevers has long opposed same-sex marriages

Speaking last month to Tony Perkins, president of the Family Research Council (FRC) — which has been certified as a hate group by the Southern Poverty Research Center — Deevers said, “The fact is, Obergefell is fundamentally antithetical to all of these, and there is just no right to gay marriage in the Constitution.” 

Despite this claim, the Supreme Court believes that the Constitution’s equal protection and due process provisions require the government to treat all individuals equally under the law unless there’s a compelling government interest to do otherwise.

“Ultimately, marriage is not the state’s institution, it’s God’s institution,” Deevers said. “No Supreme Court ruling that redefines a God-ordained institution is ever truly settled: not morally or culturally, and even constitutionally. The rogue court will stand in judgment before God for their decision.”

Deevers’s campaign website also clearly states his anti-LGBTQ+ beliefs.

“It is outrageous that drag queens are permitted to dance and twerk for children at pride parades and story hours in our state,” his website states. “It is outrageous that … public schools have exposed elementary and middle school children to… LGBTQ+ propaganda…. It is outrageous that Critical Race Theory and Queer Theory dominate in many of our public institutions. I promise to support legislation to put a stop to all of this.”