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Ten years after the U.S. Supreme Court legalized same-sex marriage nationwide, the justices will soon decide whether to hear a case explicitly seeking to reverse that precedent.
Kim Davis, the former Rowan County, Kentucky, clerk who was jailed for six days in 2015 after defying court orders to issue marriage licenses to a gay couple, has petitioned the high court to overturn Obergefell v. Hodges. She argues the First Amendment’s free exercise protections shield her from liability and that the 2015 decision was “egregiously wrong.”
Background
Davis’ case stems from her refusal to issue marriage licenses following the Supreme Court’s 2015 ruling, which extended marriage rights to same-sex couples under the 14th Amendment’s due process clause. A federal jury last year ordered her to pay $100,000 in damages to plaintiffs David Ermold and David Moore, plus $260,000 in attorneys’ fees.
Lower courts have rejected her constitutional defenses. A panel of the U.S. Court of Appeals for the 6th Circuit concluded 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.”
Legal Arguments
In her petition, filed last month, Davis’ attorney Mathew Staver called the Obergefell ruling “legal fiction” and urged the justices to correct “the mistake.” He likened the case to the court’s 2022 decision overturning Roe v. Wade, citing Justice Clarence Thomas’ call to revisit substantive due process precedents including Obergefell.
“This should be a case of exceptional importance,” Staver wrote, noting Davis is “the first individual in the Republic’s history who was jailed for following her religious convictions regarding the historic definition of marriage.”
Government and Official Response
Attorneys for Ermold and Moore dismissed Davis’ appeal as meritless. “Not a single judge on the U.S. Court of Appeals showed any interest in Davis’s rehearing petition, and we are confident the Supreme Court will likewise agree,” said William Powell, their lawyer.
Broader Context
The appeal comes amid renewed efforts by some conservative groups to roll back same-sex marriage rights. At least nine states this year have introduced legislation aimed at restricting new licenses for LGBTQ couples or urging the court to overturn Obergefell, according to advocacy group Lambda Legal. The Southern Baptist Convention voted in June to make overturning the ruling a top priority.
Public opinion remains broadly favorable toward marriage equality, with Gallup finding 70% of Americans support same-sex marriage in 2025 — up from 60% in 2015 but unchanged since 2020. Republican support, however, has declined from 55% in 2021 to 41% this year.
Next Steps
The Supreme Court is expected to consider Davis’ petition this fall during a private conference. If four justices agree to hear the case, arguments could be scheduled for spring 2026 with a decision by June. If the court declines, the lower court ruling will stand.
Even if Obergefell were overturned, existing marriages would remain valid under the 2022 Respect for Marriage Act, which requires states to recognize legally performed same-sex and interracial marriages nationwide.
