Former Kentucky clerk Kim Davis has once again entered the national spotlight as she petitions the U.S. Supreme Court to reconsider and potentially overturn its historic 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide.
The court is currently deciding whether to hear the case, which could carry significant implications for marriage equality across the United States. Davis, who famously refused to issue marriage licenses to same-sex couples in 2015, was jailed for six days for contempt of court. Her attorney, Matthew Staver, claims the Obergefell ruling was “egregiously wrong” and “deeply damaging,” insisting it has no basis in the Constitution.
Attorneys for the couples denied licenses argue the case lacks merit. William Powell, who represented them, expressed confidence that the court will reject the petition, noting that no judge in the U.S. Court of Appeals showed interest in revisiting Davis’s legal arguments.
Why the Kim Davis Supreme Court Case Matters Now
If the Supreme Court were to reverse Obergefell, marriage rights could once again be decided on a state-by-state basis, potentially stripping recognition from same-sex couples in states with restrictive marriage laws.
Legal scholars suggest the chances of overturning the ruling are slim. Daniel Urman, law professor at Northeastern University, believes only Justices Clarence Thomas and Samuel Alito have shown openness to revisiting the decision. Other conservative justices, including Neil Gorsuch, Amy Coney Barrett, Brett Kavanaugh, and Chief Justice John Roberts, appear less inclined to undo marriage equality, especially given its widespread public support—69% of Americans favor legal same-sex marriage, according to a May 2024 Gallup poll.
While the headlines focus on same-sex marriage, Paul Collins, a political science professor at the University of Massachusetts Amherst, notes that Davis’s case primarily challenges a jury verdict awarding damages to couples she refused to serve, rather than directly contesting the constitutional right to marry.
Former federal prosecutor Neama Rahmani adds that, even if the court takes the case, it could rule narrowly—allowing for religious accommodations for government officials—without dismantling same-sex marriage entirely.
Justice Clarence Thomas, in his 2022 concurrence in Dobbs v. Jackson Women’s Health Organization, urged the court to reconsider all substantive due process precedents, explicitly naming Obergefell.
The Supreme Court is expected to announce in the coming months whether it will hear Davis’s appeal. While the court’s recent conservative rulings, such as the Dobbs decision overturning federal abortion protections, have emboldened religious liberty advocates, most experts believe Obergefell will remain intact—at least for now.
Public opinion remains a key factor, as same-sex marriage has become culturally and socially embedded in American life. Even some conservative justices may see overturning it as politically destabilizing.
At this stage, there is no clear indication of the court’s direction, but the case highlights ongoing tensions between religious freedom claims and established civil rights. The outcome of the Kim Davis Supreme Court petition could set a precedent for how future conflicts between personal beliefs and public duties are resolved in the United States.
You Must Know:
Q1: What is Kim Davis asking the Supreme Court to do?
Kim Davis is asking the court to revisit and overturn the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide. She argues it violates her religious liberty rights.
Q2: Why did Kim Davis go to jail in 2015?
Davis was jailed for six days after refusing to issue marriage licenses to same-sex couples, defying a court order and citing her religious beliefs.
Q3: What are the chances the Supreme Court will overturn same-sex marriage?
Legal experts say the likelihood is low, as marriage equality remains broadly supported and many justices may avoid reversing such a deeply rooted social change.
Q4: How could this case impact same-sex marriage rights?
If the court reversed Obergefell, marriage laws would be left to individual states, many of which have bans on same-sex marriage still on the books.
Q5: Is this case only about marriage equality?
Not entirely—experts note that the current case is more about damages awarded to couples than directly challenging the right to marry.