Washington, D.C. – The U.S. Supreme Court is set to consider a case this fall that could overturn the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. Former Kentucky county clerk Kim Davis, jailed in 2015 for refusing to issue marriage licenses to same-sex couples, has petitioned the court to reverse the landmark ruling, arguing it infringes on her First Amendment religious freedoms. Davis, ordered to pay $360,000 in damages and legal fees to a couple she denied, claims Obergefell was “egregiously wrong” and seeks to restore state-level marriage policies.
The petition marks the first direct challenge to Obergefell since 2015, raising alarms among LGBTQ+ advocates. With a 6-3 conservative Supreme Court majority, including three Trump-appointed justices, some fear a rollback of marriage rights, especially after Justice Clarence Thomas’s 2022 call to revisit Obergefell. However, legal experts consider Davis’s bid a long shot, as lower courts have rejected her claims, noting that state actions do not fall under First Amendment protections. The 2022 Respect for Marriage Act ensures existing same-sex marriages remain valid, but an overturned ruling could allow states to halt new licenses.
Public support for same-sex marriage remains strong at 70%, though it has plateaued, with Republican support dropping to 41% in 2025, per Gallup. Nine states have introduced measures this year to limit marriage rights, reflecting a conservative push to reverse Obergefell. The court will decide whether to hear the case in a private conference, with potential arguments next spring and a ruling by June 2026.
