"Court petitions to reverse monumental decision on same-sex marital unions set by the Supreme Court"
Supreme Court Yet to Decide on Kim Davis' Appeal to Overturn Same-sex Marriage Decision
Kim Davis, the former Kentucky county clerk, has filed a petition with the Supreme Court asking them to reconsider their landmark decision in Obergefell v. Hodges that extended marriage rights for same-sex couples under the 14th Amendment's due process protections. As of August 2025, the Supreme Court has not agreed to take up the case yet [1][2].
Davis' petition, which challenges the ruling on religious liberty grounds and broader constitutional claims, comes after a jury awarded her a $100,000 verdict for emotional damages and $260,000 for attorneys fees [3]. Davis argues that First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.
Legal experts and observers note that although there is a conservative supermajority on the Court, justices still look for reasons such as circuit splits or clear legal questions before granting review, neither of which Davis' case presents [2]. In 2019, Davis filed a petition related to damages against her, which the Supreme Court rejected, with Justices Thomas and Alito concurring in that decision but expressing some interest in the issues [1][2].
If the case is accepted, it would likely be scheduled for oral argument next spring and decided by the end of June 2026. However, the Court receives many such petitions but grants review only in a small fraction of cases, and it is not guaranteed they will revisit Obergefell [4].
It is important to note that even if Obergefell were overturned, existing same-sex marriages would remain legally valid under federal law, including the 2022 Respect for Marriage Act, which mandates recognition of same-sex marriages performed in any state [1]. Public support for marriage equality remains strong, and many advocates urge calm and continued advocacy in light of this appeal [4].
In the meantime, many members of the Supreme Court's conservative majority might prefer prospective challenges to Obergefell to percolate in lower courts before revisiting the debate. At least nine states have either introduced legislation aimed at blocking new marriage licenses for LGBTQ people or passed resolutions urging the Supreme Court to reverse Obergefell at the earliest opportunity [5].
Davis' attorney Mathew Staver calls Justice Anthony Kennedy's majority opinion in Obergefell "legal fiction." Lower courts have dismissed Davis' claims and most legal experts consider her bid a long shot [6].
As of August 2025, the Supreme Court has not accepted the case for oral arguments or overturned Obergefell v. Hodges. The matter remains pending, and the Court's referral of the petition for further consideration does not imply a decision to overturn, only that the justices are thinking about it [2][3].
Sources:
- NPR
- SCOTUSblog
- ABC News
- The Hill
- The Washington Post
- The Guardian
