Former Clerk Who Refused Same-Sex Couples Asks Supreme Court To Reverse Marriage Equality
Ten years after Obergefell v. Hodges recognised marriage equality nationwide, former Kentucky clerk Kim Davis has asked the Supreme Court of the United States to throw it out. In a petition, Davis argues that the First Amendment’s Free Exercise Clause protects her from personal liability for refusing to issue marriage licences in 2015. She also calls Obergefell “egregiously wrong.”
“The mistake must be corrected,” her lawyer, Mathew Staver, wrote, describing the 2015 majority as “legal fiction,” as reported by ABC News.
Davis is appealing a jury award of 100,000 USD in emotional-distress damages to David Ermold and David Moore, plus roughly 260,000 USD in legal fees. In March 2025, the U.S. Court of Appeals for the Sixth Circuit affirmed the judgment and rejected her First Amendment defence because she acted on behalf of the state when denying licences. The panel concluded she “cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect.”
The justices will decide this northern-autumn whether to hear the case. If they grant review, argument would likely be in the spring with a decision by late June 2026. They could also deny the petition and leave the Sixth Circuit ruling in place. “There is no world in which the court takes the case as a straight gay marriage case,” said legal analyst Sarah Isgur in comments reported by ABC News. Constitutional scholar Josh Blackman told ABC News it would be “a long slog” to roll back a ruling that remains broadly popular.
Would existing marriages be safe?
Yes. The Respect for Marriage Act (RFMA), a 2022 federal law, requires the U.S. federal government and every state to recognise legal marriages of same-sex and interracial couples performed anywhere in the country. Even if Obergefell were weakened later, marriages already performed would remain recognised under RFMA.
Davis’ filing lands amid a political push to revisit marriage equality. In the first half of 2025, at least nine states introduced bills or resolutions aimed at limiting new marriage licences for LGBTQIA+ people or urging the Court to reverse Obergefell, according to Lambda Legal. In June, the Southern Baptist Convention voted to prioritise “overturning of laws and court rulings, including Obergefell v. Hodges.” These actions do not change current law, but they signal intent.
Support for marriage equality remains high but has flattened. Gallup reports overall support at about 70 per cent in 2025, while support among Republicans has fallen to 41 per cent from majority levels in 2021 and 2022.
How many families this affects.
As of June 2025, researchers estimate 823,000 married same-sex couples live in the United States, and more than 591,000 of those marriages occurred after Obergefell. Many are raising children.
Here’s a helpful TikTok breakdown of the petition from a reporter who covers LGBTQIA+ legal issues:
