Supreme Court asked to overturn same-sex marriage ruling: What this means for gay couples in US
Formal group photograph of the Supreme Court as it was been comprised on June 30, 2022 after Justice Ketanji Brown Jackson joined the Court. The Justices are posed in front of red velvet drapes and arranged by seniority, with five seated and four standing. Seated from left are Justices Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito and Elena Kagan. Standing from left are Justices Amy Coney Barrett, Neil M. Gorsuch, Brett M. Kavanaugh, and Ketanji Brown Jackson. Credit: Fred Schilling, Collection of the Supreme Court of the United States
A decade after the landmark Supreme Court ruling that legalized same-sex marriage nationwide, the justices are set this fall to consider whether to hear a case explicitly challenging that decision. This marks the first formal request in years for the Court to potentially overturn Obergefell v. Hodges, the 2015 ruling that guaranteed marriage equality under the Constitution.
The case centers on Kim Davis, the former Rowan County, Kentucky clerk who was jailed in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds. Davis is now appealing a jury verdict that awarded the couple $100,000 for emotional damages plus $260,000 in attorney fees.
In her petition for a writ of certiorari filed recently, Davis argues that her First Amendment right to freely exercise her religion should shield her from personal liability for denying the licenses. More broadly, she contends that the Obergefell decision was “egregiously wrong” and should be reversed.
Her attorney, Mathew Staver, described the original ruling as a “legal fiction” in the petition, insisting that this “historic mistake” needs correction. Notably, this petition is viewed as the first serious attempt since 2015 to get the Supreme Court to reconsider marriage equality.
Background: Kim Davis and the Legal Battle
Kim Davis, who served as Rowan County Clerk at the time, was legally responsible for issuing marriage licenses under Kentucky law. When she refused to issue licenses to same-sex couples citing her religious beliefs, she was briefly jailed for contempt of court.
Lower courts have consistently rejected Davis’s claims. A federal appeals panel ruled earlier this year that the First Amendment does not protect her in this context because her actions were state actions, for which she is personally liable.
David Ermold and David Moore, the couple who sued Davis, remain represented by attorney William Powell, who recently expressed confidence that the Supreme Court would not grant further review of Davis’s case.
Renewed Push to Roll Back Marriage Equality
Davis’s petition arrives amid a broader conservative movement aimed at revisiting or dismantling the precedent set by Obergefell. When the ruling was handed down in 2015, 35 states still had laws or constitutional amendments banning same-sex marriage.
In 2025, at least nine states have introduced legislation either to block marriage licenses for LGBTQ+ couples or to urge the Supreme Court to overturn Obergefell altogether, according to Lambda Legal.
Moreover, the Southern Baptist Convention—the largest Protestant denomination in the U.S.—recently declared overturning marriage equality rulings a top priority, framing it as a defense of “God’s design for marriage.”
Public Opinion and Legal Context
Support for same-sex marriage among Americans remains majority but has shown signs of plateauing in recent years. Gallup reports that while 70% supported marriage equality as of 2025, Republican support has notably declined from 55% in 2021 to 41% currently.
Davis’s legal argument draws parallels to the 2022 Supreme Court decision that overturned Roe v. Wade. She cites Justice Clarence Thomas’s concurrence, where he suggested revisiting other substantive due process rulings, including Obergefell.
Legal scholars like Josh Blackman caution that while some conservative justices may be inclined to reconsider Obergefell, they will likely prefer lower courts to handle preliminary challenges first, making any Supreme Court review a lengthy process.
What’s Next?
The Supreme Court is expected to privately discuss Davis’s petition this fall to decide whether to add the case to its docket. If accepted, oral arguments would likely take place in spring 2026 with a ruling by June.
Some experts believe justices like Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch may show little interest, suggesting the Court might only take up a broader challenge if it involves new types of marital arrangements beyond traditional same-sex marriage.
Important Notes on Potential Impact
Even if the Court were to overturn Obergefell in the future, current marriages would remain legally recognized thanks to the 2022 Respect for Marriage Act, which requires all states and the federal government to honor existing same-sex marriages.
Davis previously petitioned the Court in 2019 to dismiss the damages suit against her, but the petition was denied. Justices Thomas and Alito dissented, underscoring ongoing divisions within the Court.
The Bigger Picture
An estimated 823,000 same-sex couples are married in the U.S., with nearly 600,000 wed since Obergefell. Many of these couples are raising children. The makeup of the Supreme Court has shifted toward a conservative supermajority, including three Trump appointees, adding complexity to the future of marriage equality jurisprudence.
Chief Justice John Roberts, who dissented in the original Obergefell ruling, criticized it at the time as “an act of will, not legal judgment,” raising concerns about religious liberty—a theme echoed in Davis’s current petition.
As the Supreme Court prepares to decide whether to hear this case, the nation watches closely, knowing the outcome could shape the future of marriage rights in America for years to come.
What This Could Mean for Gay Couples in the U.S.
For the approximately 823,000 married same-sex couples in the United States—including nearly 600,000 who married after the 2015 Obergefell decision—this case brings uncertainty and concern. While the 2022 Respect for Marriage Act protects currently recognized marriages, requiring all states and the federal government to acknowledge them regardless of future rulings, the possibility of the Supreme Court revisiting Obergefell fuels anxiety about the stability of marriage rights moving forward.
A reversal of Obergefell would not automatically annul existing marriages but could open the door for states to enact laws banning or restricting same-sex marriages once again. This could lead to legal complications regarding spousal rights, parental rights, inheritance, healthcare decisions, and other benefits tied to marital status.
Additionally, the cultural and social acceptance of same-sex marriage might face renewed challenges, as legal recognition often influences public opinion and societal treatment.
Many couples, especially those raising children, worry about the message such a ruling would send about their families’ legitimacy and protections under the law.
In short, while the legal protections remain strong for now, the Supreme Court’s decision to consider this case signals a pivotal moment that could reshape the future landscape of marriage equality in the U.S.