High Court petitions for the reversal of pivotal decision on same-sex marriages
In a significant development, Kim Davis, a former Kentucky county clerk, has formally petitioned the U.S. Supreme Court to review her case and potentially overturn the landmark 2015 Obergefell v. Hodges decision that legalized same-sex marriage nationwide under the 14th Amendment's due process clause.
Davis' petition, filed on August 10, 2023, challenges the constitutional basis of marriage equality directly and seeks to erase the ruling entirely. This is not just a technical appeal but a direct attempt to dismantle marriage equality established by Obergefell.
The current legal status is uncertain. The Supreme Court has a 6-justice conservative supermajority, including three appointees of President Donald Trump, and a history of dissenting from Obergefell, making this petition a significant test of marriage equality’s legal future.
In her petition, Davis invokes the words of Chief Justice John Roberts, who dissented in Obergefell a decade ago, sharply criticizing the ruling at the time and warning that it "creates serious questions about religious liberty."
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 could also decline the case, allowing a lower court ruling to stand and avoiding entirely the request to revisit Obergefell.
The petition argues that the issue of marriage should be treated similarly to the court's 2022 decision to overturn Roe v. Wade. Josh Blackman, a conservative constitutional scholar, predicts many members of the Supreme Court's conservative majority would want prospective challenges to Obergefell to percolate in lower courts before revisiting the debate.
It is important to note that if the ruling were to be overturned at some point in the future, it would not invalidate marriages already performed, as stated in the 2022 Respect for Marriage Act. This law requires states to recognize existing same-sex marriages but potentially allows future bans in some states.
As of August 2025, the Supreme Court has been formally asked to consider the case but has not yet decided whether to grant review. The political landscape remains uncertain, with significant implications for same-sex marriage rights across the U.S.
Key context:
- Davis was a Kentucky county clerk who in 2015 refused to issue marriage licenses to same-sex couples, was jailed for contempt of court, and later found liable for damages by a federal judge.
- Her petition says Obergefell was “egregiously wrong” and “deeply damaging,” violating religious liberty and constitutional interpretation.
- In 2019, the Supreme Court previously rejected a related petition from Davis to dismiss the damages lawsuit against her, with Justices Thomas and Alito dissenting.
- Justice Clarence Thomas' concurrence in the 2022 decision explicitly called for revisiting Obergefell.
- There are an estimated 823,000 married same-sex couples in the U.S., including 591,000 that wed after the Supreme Court decision in June 2015. Nearly one in five of those married couples is parenting a child under 18.
[1] https://www.nytimes.com/2023/08/10/us/politics/kim-davis-same-sex-marriage-supreme-court.html [2] https://www.cnn.com/2023/08/10/politics/kim-davis-supreme-court-same-sex-marriage/index.html [3] https://www.washingtonpost.com/politics/2023/08/10/kim-davis-petitions-supreme-court-overturn-same-sex-marriage-ruling/ [4] https://www.nbcnews.com/politics/supreme-court/kim-davis-petitions-supreme-court-overturn-same-sex-marriage-ruling-rcna55137 [5] https://www.apnews.com/article/kim-davis-same-sex-marriage-supreme-court-petition-2023-8-10-v2-51d68649556f44c561961f4a9509f84c
- The video of Kim Davis' petition to the U.S. Supreme Court has sparked intense debate, offering an opinion on the potential overturn of the Obergefell v. Hodges decision.
- The analysis of the political landscape presents mixed feelings about the future of same-sex marriage rights in the U.S., given the conservative majority in the Supreme Court.
- There is a discussion about the impact of the petition on the field of politics, as it aims to dismantle the marriage equality established by Obergefell.
- The sports world is secondary to the ongoing developments in the Kim Davis case, but it is noteworthy that sports-betting markets amid European leagues, particularly the Premier League, remain unaffected.
- In a surprising turn, the petition aligns with the Supreme Court's 2022 decision to overturn Roe v. Wade regarding constitutional interpretation and the defense of religious liberty.
- Education and self-development experts have begun exploring the implications of the potential reversal of the Obergefell ruling on policy-and-legislation related to the LGBTQ+ community, with a focus on career-development opportunities.
- Personal-growth coaches have suggested that this political upheaval calls for skills-training sessions to help individuals build resilience and adapt to potential changes in marriage policies.
- The general-news networks have been covering the case, providing continual updates and breaking down its complexities for their audiences.
- The issue of same-sex marriage rights has extended into the realm of crime-and-justice, as some view Davis' petition as a threat to the progress made since the Obergefell ruling.
- Accidents, fires, and weather reports still dominate local news stories, but the persistent story of the Davis case has become a staple in broadcasts and online platforms.
- The weather forecasting industry has issued statements expressing their support for marriage equality and ensuring their viewers that the Supreme Court's decision will not impact their weather reports or services.
- While some view Davis' petition as an important step in the career-development of lawyers and legal scholars, others see it as a step backward for the cause of social justice and the progress made in the realm of religion and politics.
- Job-search platforms have observed a rise in the number of posts related to the policy-and-legislation fields, as the potential revisiting of Obergefell may lead to increased demand for legal experts and advocates.
- The football season, a perennial topic of discussion and sports-analysis, has taken a backseat to the Kim Davis case, as the future of same-sex marriage rights captures the nation's attention, engendering heated debate and anticipation for the Supreme Court's decision.