There’s been a lot of buzz lately about the possibility of the Supreme Court revisiting Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage nationwide. For many LGBTQ+ families, that uncertainty feels deeply personal—and understandably stressful.

But here’s the good news: If you live in Minnesota, your rights are protected. And even nationally, significant safeguards like the Respect for Marriage Act are already in place. As attorney Katie Rotmil explains, “Honestly, it’s not as scary as many think. This has been planned for, there are some federal acts in place, and in the state of Minnesota, we are in a good spot.”

Let’s break it down.

First: The Supreme Court Has Not Agreed to Hear the Case

While a petition has been filed that could challenge Obergefell, the U.S. Supreme Court hasn’t even decided whether to take it up. “They have asked SCOTUS to take on the question, but it hasn’t been decided if they’ll consider the issue yet,” says attorney and co-owner Erin Turner. “So we are a far way from that.”

Katie adds, “It hasn’t been granted writ of certiorari yet. I have faith that Chief Justice Roberts will see that this case just doesn’t make sense, and that there is no injury sufficient enough to even hear it.”

So for now: take a deep breath. Nothing has changed.

Minnesota’s State Law Still Protects Marriage Equality

Even in a worst-case scenario where Obergefell is overturned, Minnesota law ensures full marriage rights for same-sex couples. “We are one of 15 states that have an amendment protecting same-sex marriage,” Katie points out. That means Minnesotans would still have access to all the same legal protections, benefits, and responsibilities of marriage, regardless of federal changes.

As Rachel May puts it, “Thanks to our state law, marriage would still be legally recognized, and individuals would still reap the benefits of their marriage—but the issue does become a matter of state-to-state legislation if federal protections are removed.”

The Respect for Marriage Act (RFMA) Protects You Across State Lines

What happens if you live in or move to a state that bans same-sex marriage?

Here’s where the Respect for Marriage Act (RFMA) comes in. Passed in 2022, it requires every U.S. state to recognize marriages performed in other states—even if they wouldn’t issue those licenses themselves.

Katie makes it clear: “The RFMA forces all states to recognize marriages in other states, meaning that if a same-sex couple was married in Minnesota or another protected state and returned home, that state would have to recognize the marriage. You wouldn’t even necessarily have to move, so there’s no need to panic.”

What Happens to Current Marriages?

There’s a common fear that if Obergefell is struck down, existing same-sex marriages could be voided retroactively. According to Erin, that’s unlikely—and legally improbable.

“Retroactive laws don’t really exist,” she says. “I don’t think people would become ‘unmarried’ per se, but more so folks would lose their right to marry going forward.”

Katie echoes that sentiment: “I think that since they can’t take a marriage away, they can’t take a divorce away retroactively either, or the terms of a divorce or estate plan.”

So what does this mean in practice? If you’re already married, your marriage (and everything tied to it, like custody agreements, spousal support, and property rights) should remain intact, certainly in Minnesota at least.

If marriages are voided in other states, legal protections might weaken. Rachel notes that in that unlikely case, “you’d have to open issues separately from divorce or marriage, such as a third-party custody or partition agreements.”

What Steps Can You Take to Protect Your Family?

Even with Minnesota’s protections, there are steps you can take now to secure your rights—especially for couples with children. “If there are minor children involved, make sure you are officially adjudicated the parents of that child… this is the safest way to ensure the parental rights of both partners, just in case,” says Katie Rotmil.

And as Rachel May wisely puts it:

“Make a plan, if it eases your anxiety. Create a partition, custody, or estate plan (if you think you’ll need it), but most importantly, know your state’s laws and the legislation that is there to protect you.”

Whether it’s finalizing a co-parenting agreement, updating your estate plan, or simply knowing where your marriage stands legally—these actions might give you peace of mind.

You’re Not Alone—We’re Here for You

The legal landscape may feel uncertain, but one thing is clear: you don’t have to navigate it alone. And it’s not certain that there will be a need to navigate anything at all, especially in a legal landscape like the one Minnesota offers.

At Johnson/Turner, we’ve always believed in empowering our clients through clear, compassionate legal support. If you’re unsure about your next step, let’s talk. Whether you need to confirm your legal parentage, update your estate plan, or simply understand where things stand—we’re here for you.