Michigan GOP Rep. Josh Schriver Reignites Same-Sex Marriage Debate, Calling for it to be Made Illegal Again

Michigan GOP Rep. Josh Schriver says same-sex marriage should be “illegal again”

By DeJanay Booth-Singleton

December 3, 2024 / 9:18 AM EST / CBS Detroit

Michigan GOP lawmaker rekindles debate on same-sex marriage

Michigan GOP Rep. Josh Schriver voiced his contentious view on same-sex marriage via social media on Monday, saying, “Make gay marriage illegal again”. The lawmaker from Oxford reiterated, “This is not remotely controversial, nor extreme.”

Schriver also posted a video clip of then-Sen. Barack Obama from 2004 where Obama stated that marriage “is between a man and woman”. It should be noted that Obama, later in 2012, during his presidency, confessed to evolving on the issue, advocating that same-sex couples should have the ability to marry.

Political backlash follows representative’s bold claims

After his post sparked immediate outrage, Schriver vocalized, “America only ‘accepted’ gay marriage after it was thrusted into her by a perverted Supreme Court ruling. America 2124 doesn’t have to be as dysfunctional as America 2024.”

This contentious statement from the Rep has drawn criticism from several political figures. Michigan Attorney General Dana Nessel, the state’s first openly gay statewide officeholder, responded negatively to Schriver’s assertion, questioning how dissolving her marriage or any other same-sex marriage benefits constituents or anyone else.

Democratic Rep. Jason Morgan also hit back at Schriver’s view, pointing out that it is indeed controversial and extreme, and moreover, it goes against family values. Michigan Governor Gretchen Whitmer issued a statement calling any attempt to overturn gay marriage as fundamentally wrong, as it threatens the rights, dignity, and livelihood of Michigan residents.

Legal precedents prove a solid barrier

The U.S. Supreme Court legalized same-sex marriage in June 2015 through a 5-4 ruling in the Obergefell v. Hodges case. The ruling asserts that all states must perform same-sex marriages and recognize those performed in other states based on the 14th Amendment.

Despite a local push against same-sex marriage in 2014, a ruling by U.S. District Judge Bernard Friedman upheld that Michigan’s ban was unconstitutional. He reinforced that despite diverse religious beliefs, they cannot deny citizens equal protection under the law.

The future of Obergefell v. Hodges

The Obergefell v. Hodges case returned to the limelight after the Supreme Court overturned Roe v. Wade in 2022. Justice Clarence Thomas suggested that the decision could trigger similar outcomes for other landmark cases, including protection over same-sex marriage.

Schriver seems to echo this sentiment and recommends revisiting the decision, arguing that the Supreme Court has the power to do so. However, his past controversial comments, including an offensive post about the “great replacement” theory, have drawn criticism and led to the loss of his staff and committee assignment in February 2024.

As the discussion surrounding same-sex marriage unfolds, advocacy groups, law experts, and citizens alike will be keeping a keen eye on the developments. Whether the representative’s bold claims will garner sufficient support for a Supreme Court revisit, only time will tell.