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A decade after establishing a nationwide right to same-sex marriage, the U.S. Supreme Court is now formally being asked to reconsider its landmark Obergefell v. Hodges decision. The justices are scheduled to review an appeal brought by Kim Davis, the former Kentucky county clerk who gained national attention in 2015 for refusing to issue marriage licenses to same-sex couples on religious grounds.
The case stems from a lawsuit filed by couples who were denied licenses. Although Davis lost in lower courts, her lawyers are now petitioning the high court to not only hear her case but to overturn the 2015 precedent altogether. The appeal has been officially placed on the court's calendar, prompting renewed debate over the durability of the ruling.
Legal experts widely consider the bid to be a longshot, but it arrives at a time when the Supreme Court's conservative majority has shown a willingness to revisit long-standing precedents, most notably with the 2022 decision to overturn Roe v. Wade. This has emboldened opponents of same-sex marriage. For instance, the Idaho legislature recently passed a resolution calling for the reversal of Obergefell, and Southern Baptist Convention delegates have made similar calls.
Justices Clarence Thomas and Samuel Alito have previously expressed criticism of the Obergefell decision, suggesting it has created conflicts for individuals with deeply held religious beliefs. This new appeal directly challenges the foundation of that ruling, arguing it infringes upon religious freedoms. While the Supreme Court will consider this longshot appeal, it is important to note that even if the court were to overturn Obergefell, existing same-sex marriages would likely remain valid under the 2022 Respect for Marriage Act, which federally protects such unions. However, a reversal could allow individual states to once again ban same-sex marriages. The case has been distributed for conference, where the justices will decide whether to grant a full hearing. The formal request to overturn the ruling sets the stage for a significant moment in the ongoing legal and cultural debates surrounding marriage equality in the United States.
