Washington, D.C., November 7, 2025 – The U.S. Supreme Court is considering whether to hear a petition from former Kentucky county clerk Kim Davis, who is seeking to overturn the landmark 2015 ruling in Obergefell v. Hodges that legalized same-sex marriage nationwide.
Davis, who gained international attention in 2015 after refusing to issue marriage licenses to same-sex couples on religious grounds, argues that the ruling violates her First Amendment right to freely exercise her religion. Her petition, filed in August 2025, claims that the Obergefell decision is a “legal fiction” and asks the Supreme Court to revisit the precedent.
The petition will be discussed during the Court’s private conference, where justices cast secret votes on which cases to accept. A minimum of four justices must agree for the Court to hear a case. Typically, the outcomes of these conferences are announced the following Monday.
Legal Background and Significance
At the time of the Obergefell decision in 2015, 35 states had statutory or constitutional bans on same-sex marriage. The ruling established marriage equality as a constitutional right, affecting millions of Americans. Since then, over 823,000 same-sex couples have married in the United States, with nearly 20% parenting children under 18.
Davis’s appeal raises questions about the balance between religious liberty and constitutional protections for LGBTQ individuals. In lower courts, Davis’s claims have largely been dismissed, and most legal experts consider her petition a long shot. William Powell, attorney for the couple Davis refused to marry, called the case “relatively easy” and argued it does not merit Supreme Court review.
Broader Context in 2025
This petition arrives amid ongoing efforts in several states to challenge or limit same-sex marriage rights. According to advocacy group Lambda Legal, at least nine states have introduced legislation aimed at restricting marriage licenses for LGBTQ individuals or urging the Supreme Court to revisit Obergefell. Some states, like Texas, have implemented rules allowing judges to decline performing wedding ceremonies for same-sex couples based on sincerely held religious beliefs.
While a Supreme Court decision to hear the Davis case would be historic, legal analysts note that a majority of justices are unlikely to overturn Obergefell. Several conservative justices, including Amy Coney Barrett and Brett Kavanaugh, have indicated support for maintaining marriage equality.
Even if a future ruling were to alter the legal landscape, the 2022 Respect for Marriage Act requires all states to recognize existing same-sex marriages, ensuring that couples already married retain legal protections.
What to Expect Next
The Supreme Court’s decision on whether to hear the case could be announced as early as next week. If the Court accepts the case, oral arguments would likely take place in 2026, followed by a ruling that could have significant implications for marriage rights and religious freedom across the country.
FAQ
Who is Kim Davis?
Kim Davis is a former county clerk in Kentucky who refused to issue marriage licenses to same-sex couples in 2015, citing religious objections.
What is the Obergefell v. Hodges decision?
Obergefell v. Hodges (2015) is the Supreme Court ruling that legalized same-sex marriage nationwide, ensuring marriage equality under the 14th Amendment.
Could the Supreme Court overturn Obergefell?
While it is legally possible, most analysts consider it unlikely given current judicial opinions and protections established by the Respect for Marriage Act.
How many same-sex couples are currently married in the U.S.?
Approximately 823,000 couples, including around 591,000 who married after the Obergefell ruling in 2015.
What happens if the Court hears the Davis case?
If accepted, the Court would schedule oral arguments, review legal briefs, and eventually issue a decision that could clarify or reaffirm the legal status of same-sex marriage.
Does the petition affect existing marriages?
No. Even if the ruling changes in the future, the Respect for Marriage Act ensures that marriages already performed remain legally recognized.
When will the Supreme Court announce its decision on hearing the case?
The Court typically releases its decision from the private conference the Monday following the vote, so an announcement is expected soon.
Source:
- https://www.cnn.com/2025/11/07/politics/supreme-court-consider-same-sex-marriage-precedent-obergefell
- https://www.cbsnews.com/philadelphia/news/philadelphia-supreme-court-marriage-equality/
- https://abcnews.go.com/Politics/supreme-court-considers-kim-davis-petition-overturn-same/story?id=127267561
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