Urge United States Supreme Court to overturn Obergefell decision and restore marriage rights to states.

2026 Regular Session Introduced by Kathy Chism

Urges the Supreme Court to overturn Obergefell and return marriage regulation to states, defining marriage as one man and one woman.

Died In Committee

#rules

Purpose and Intent

SC 532 is a concurrent resolution urging the United States Supreme Court to overturn Obergefell v. Hodges (2015) and to restore to states the authority to prescribe the conditions for marriage and the dissolution of marriage.

The resolution argues Obergefell is inconsistent with the U.S. Constitution and foundational principles, and it asserts that marriage regulation is a traditional, states’ rights issue.

Key Provisions and Provisions’ Effects

Formal Language: The resolution states Mississippi’s Legislature rejects Obergefell and requests the Supreme Court to reverse it.

Restoring State Authority: It calls for returning the power to regulate marriage to the states and to the people, including enforcement of marriage laws at the state level.

Definition of Marriage: The text endorses a “natural and common-law” definition of marriage as a union between one man and one woman.

Historic and Religious framing: The resolution emphasizes traditional religious and biblical, common-law understandings of marriage (one-man/one-woman) and cites historical practice going back centuries.

Procedural Direction: The Secretary of the Senate is authorized to transmit a certified copy of the resolution to the Supreme Court of the United States.

Public Accessibility: The resolution is to be made available to the Capitol Press Corps.

Who or What Would Be Affected

Directly: The resolution expresses the stance of the Mississippi Legislature and signals opposition to Obergefell, advocating for a shift in federally recognized marriage definitions back to state control.

Indirectly: The resolution positions Mississippi’s marriage laws as aligned with a traditional one-man-one-woman definition and challenges the federal categorical recognition of same-sex marriages established by Obergefell.

Public and Legal Communities: It references or impacts political discourse, religious liberty arguments, and the interpretation of marriage rights at the state level.

Procedural and Timeline Aspects

Session Context: Regular Session 2026; introduced by Senator Kathy Chism; co-sponsored by the sponsor.

Action History:

Referred to Rules on February 20, 2026.
Died in Committee on April 15, 2026 (no further committee action or floor passage recorded).

Outcome: The resolution did not advance to enactment; it effectively serves as a formal expression of a policy stance and a request to the Supreme Court rather than a law with enforceable provisions.

Additional Context

The resolution emphasizes a constitutional and historical critique of Obergefell, including claims about the framers’ intent, the role of state sovereignty in marriage regulation, and concerns about the use of the Fourteenth Amendment’s Due Process Clause as a source of substantive rights.

It cites prior cases such as United States v. Windsor (2013) to support the view that marriage regulation is primarily a state matter.

Note: This summary focuses on the text and stated intent of SC 532 and does not reflect endorsement or opposition to its policy positions. The bill did not become law as it died in committee.

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