Court petitions to reverse established decision on same-sex marriage legalization
Supreme Court Ponders Reconsideration of Same-sex Marriage Decision
The Supreme Court is set to formally consider a petition that could lead to the reconsideration of the landmark Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. The petition, brought by Kim Davis, a former Kentucky county clerk, challenges the 2015 ruling.
While a strong majority of Americans favor equal marriage rights, support appears to have softened in recent years, according to Gallup. The level of support has plateaued since 2020.
Davis argues that the First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses. She is appealing a $100,000 jury verdict for emotional damages and $260,000 for attorneys fees.
The Supreme Court's decision to consider Davis' petition reflects a broader conservative effort to return marriage policy to the states. At least nine states in 2025 have pursued legislation or resolutions to block same-sex marriage licenses or urge reversal of Obergefell.
However, the Supreme Court's willingness to take up the case is influenced by several factors. Davis' appeal does not claim any conflicting decisions among lower courts, which usually strengthens a case for Supreme Court review. Instead, she argues Obergefell was simply wrong when decided and remains wrong.
Whether the Court will grant review depends on at least four justices wanting to hear the case and at least five willing to overturn the precedent—a combination not yet confirmed but possible, particularly under conservative justices such as Samuel Alito or Neil Gorsuch.
Conservative opponents of marriage rights for same-sex couples are pursuing a renewed campaign to reverse legal precedent and allow each state to set its own policy. However, as of August 2025, there is no definitive indication the Supreme Court will overturn the ruling, though it is seriously considering the question amid increasing political and religious pressures advocating reversal.
If accepted, the case would likely be scheduled for oral argument next spring and decided by the end of June 2026. It's important to note that if the court's decision is to overturn Obergefell, it would not invalidate marriages already performed. The 2022 Respect for Marriage Act requires the federal government and all states to recognize legal marriages of same-sex and interracial couples performed in any state.
Justice Clarence Thomas' concurrence in the 2022 decision to overturn Roe v Wade is referenced in Davis' petition. Davis' attorney, Mathew Staver, calls Justice Anthony Kennedy's majority opinion in Obergefell "legal fiction." Thomas explicitly called for revisiting Obergefell in his concurrence.
However, Thomas' petition implicates important questions about the scope of the Obergefell decision, but it does not cleanly present them. It would have to come up as a lower court holding that Obergefell binds judges to accept some other kind of non-traditional marital arrangement.
A federal appeals court panel concluded that Davis "cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect."
In conclusion, while the Supreme Court is expected to formally consider Kim Davis' petition this fall, the outcome remains uncertain. The Court's decision could have significant implications for the legal status of same-sex marriage in the United States.
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