Challenging Obergefell: Kim Davis Appeals for Religious Freedom in Marriage Licensing Case
The Supreme Court is set to consider a case this fall that challenges the landmark decision extending marriage rights to same-sex couples nationwide. Kim Davis, a former Kentucky county clerk, is appealing a jury verdict for emotional damages and attorney fees after refusing to issue marriage licenses to a gay couple on religious grounds. Davis argues that her First Amendment right to free exercise of religion protects her from personal liability for denying marriage licenses and calls the Obergefell v Hodges decision "egregiously wrong."
Davis' appeal marks the first formal request to overturn the Obergefell decision since 2015. Despite legal experts considering her bid a long shot, Davis is seen as one of the few individuals with legal standing to challenge the precedent. Conservative opponents of marriage rights for same-sex couples have been pushing to reverse legal precedent and allow states to set their own policies on marriage.
Support for same-sex marriage has softened in recent years, with Gallup reporting that while 70% of Americans supported it in 2025, support has plateaued since 2020. Davis' petition likens the issue of marriage to the court's handling of abortion in the Roe v Wade decision, citing Justice Clarence Thomas' call to revisit Obergefell. The Supreme Court is expected to consider Davis' petition this fall, with a decision likely by the end of June 2026.
If the court were to overturn Obergefell in the future, it would not invalidate marriages already performed. LGBTQ advocates are concerned about the potential impact of shifting legal and political landscapes on marriage rights. With a conservative majority on the Supreme Court, the future of marriage rights for same-sex couples remains uncertain.