Supreme Court Faces New Push to Overturn Same-Sex Marriage Ruling in Landmark Case

A former Kentucky clerk’s legal battle could reignite a national fight over LGBTQ rights and religious freedom

Natalie C. Frank, Ph.D August 12, 2025

Daderot/Wikipedia [Public Domain]

WASHINGTON, D.C. - The U.S. Supreme Court is being asked to reconsider one of the most significant civil rights decisions of the last decade, the 2015 Obergefell v. Hodges ruling that guaranteed the right for same-sex couples to marry nationwide. At the center of this legal battle is Kim Davis, the former Kentucky county clerk who became a national figure in 2015 when she refused to issue marriage licenses to same-sex couples because of her religious beliefs.

This was the first direct challenge to Obergefell since the ruling was handed down nearly ten years ago. Davis’s refusal in 2015 resulted in her being jailed for contempt of court, setting off both outrage and support across the country. Years later, Davis is still fighting in court, now appealing a jury verdict that ordered her to pay $100,000 in emotional damages and an additional $260,000 for attorneys’ fees.

Davis argues that the Obergefell decision itself was unconstitutional, stating it violates her First Amendment rights. The conservative legal organization, Liberty Counsel, which is representing Davis, is asking the Supreme Court not only to overturn the verdict against her but also to nullify the Obergefell ruling entirely.

“This case underscores why the U.S. Supreme Court should overturn the wrongly decided Obergefell v. Hodges opinion, because it threatens the religious liberty of Americans who believe that marriage is a sacred union between one man and one woman,” said Mat Staver, founder and chairman of Liberty Counsel.

This is not Davis’s first appeal to the high court. In 2019, she petitioned the justices to dismiss the lawsuit against her, but the request was denied. Earlier this year, the Sixth Circuit Court of Appeals also rejected her arguments. Now, with a more conservative Supreme Court bench than in 2015, including Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, all appointed by President Donald Trump, Davis’s supporters believe the legal landscape of the Supreme Court and overall, the country has shifted in her favor.

For LGBTQ advocates, the stakes could not be higher. If the Supreme Court were to overturn Obergefell, 32 states still have laws that would ban same-sex marriage. While the 2022 Respect for Marriage Act, signed by then-President Joe Biden, requires states to recognize marriages that have already been legally performed, it does not force states to issue new marriage licenses to same-sex couples.

Recent Supreme Court history also fuels concerns. In 2022, the justices overturned Roe v. Wade, ending federal protection for abortion rights after nearly 50 years. Justice Clarence Thomas, in a concurring opinion in the Dobbs v. Jackson decision that struck down Roe, explicitly called for reconsidering Obergefell and other rulings based on the Constitution’s due process clause. This lays the groundwork for Davis's challenge.

LGBTQ rights organizations warn that if Obergefell is overturned, it could create a patchwork of laws across the country, leaving the legality of same-sex marriage to be determined by state legislatures and governors. They furthermore contend, that when what should be personal liberties to believe and worship the way one chooses, it allowed to be used to deny others similar freedoms through a public office, it undermines individual rights in this country. Supporters of Davis counter that religious freedom must be protected, even when it conflicts with established law.

The Supreme Court has not yet announced whether it will hear Davis’s appeal. If it does, the case could result in one of the most consequential cultural and legal battles since the same-sex marriage decision itself, and could redefine the balance between civil right, individual rights and religious freedom in this country.