The resolution, introduced on March 10, 2026, urges the Supreme Court of the United States to reverse its 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. The resolution argues that the Obergefell decision contradicts the Constitution and the foundational principles of the United States, asserting that marriage should be defined as a union between one man and one woman, a definition that has been historically recognized for over two millennia. It contends that the ruling undermines states' rights to regulate marriage and infringes upon the civil liberties of residents who oppose same-sex marriage based on their state constitutions and the will of their voters.
Additionally, the resolution claims that the Obergefell decision misinterprets the Due Process Clause of the Fourteenth Amendment and that the involvement of Justices Ruth Bader Ginsburg and Elena Kagan in officiating same-sex weddings raises questions about the impartiality of the ruling. It highlights the case of Kentucky county clerk Kim Davis, who faced persecution for her refusal to issue same-sex marriage licenses, as an example of the negative consequences of the decision. The West Virginia Senate calls for the restoration of marriage laws to be determined by individual states and the people, emphasizing that court rulings should not supersede legislative authority.