Supreme Court Weighs Overturning Gay Marriage

On November 7, 2025, the U.S. Supreme Court took a significant step towards revisiting one of the landmark civil rights victories of the 21st century: marriage equality. The Court met in private conference to consider a petition from former Kentucky county clerk Kim Davis, who is formally asking the justices to overturn the 2015 Obergefell v. Hodges decision that legalized same-sex marriage nationwide. While legal experts widely view her appeal as a long shot, its consideration has reignited fears and uncertainty for LGBTQ+ couples and advocates.

The Kim Davis Case: A Challenge to Precedent

Kim Davis gained national notoriety in 2015 when, as the elected clerk of Rowan County, Kentucky, she refused to issue marriage licenses to same-sex couples, citing her deeply held religious beliefs. This defiance directly violated the Supreme Court's ruling in Obergefell, which extended constitutional marriage rights to LGBTQ+ couples under the 14th Amendment.

Her actions led to legal battles. Davis was sued by several same-sex couples, and a jury ultimately awarded one couple, David Ermold and David Moore, $100,000 in emotional damages plus over $260,000 in legal fees. After defying a federal court order to issue licenses, Davis was jailed for six days. Her latest appeal to the Supreme Court argues that the First Amendment protects her from personal liability and labels Obergefell a "legal fiction" requiring correction.

"The time has come for a course correction," Davis's attorney, Mathew Staver of Liberty Counsel, argued in court filings. "If there ever was a case of exceptional importance... this should be it." However, opposing attorneys, including William Powell representing the Ermold-Moore couple, dismiss her claims as legally flawed, stating her actions "went beyond anything she arguably had a right to do."

Why Now? The Changing Court Landscape

The timing of this petition is noteworthy. The Supreme Court that decided Obergefell in 2015 is significantly different today. Justice Anthony Kennedy, the key swing vote and author of the majority opinion, retired in 2018 and was replaced by the more conservative Justice Brett Kavanaugh. Similarly, Justice Ruth Bader Ginsburg, a liberal stalwart in the majority, died in 2020 and was succeeded by Justice Amy Coney Barrett.

Despite this shift, explicit calls to overturn Obergefell have been muted. Justice Clarence Thomas, in a 2022 concurrence, urged the Court to "reconsider" same-sex marriage, but other conservative justices have been more cautious. Justice Barrett acknowledged "very concrete reliance interests" tied to the decision, including issues like child custody and financial planning that millions of families now depend on. Justice Samuel Alito, while critical of Obergefell from an originalist perspective, explicitly stated he was not "suggesting that the decision in that case should be overruled," emphasizing the principle of stare decisis (respect for precedent).

"I am very concerned," said James Obergefell, the namesake of the landmark ruling, in an interview with CNN. "At this point I do not trust the Supreme Court."

Broader Implications and Advocacy

The Davis case isn't occurring in a vacuum. While cultural acceptance of same-sex marriage has grown significantly—reflected in the bipartisan passage of the 2022 Respect for Marriage Act, which federally protects same-sex and interracial marriages—some religious conservative groups remain steadfast in their opposition. Lambda Legal reports that at least nine states have introduced legislation in 2025 aimed at blocking new marriage licenses for LGBTQ+ people or urging the Supreme Court to reverse Obergefell. Texas recently adopted rules allowing judges to refuse same-sex wedding ceremonies based on religious belief.

"If not this case, it's going to be another case," warned Mathew Staver, hinting at a long-term strategy to chip away at the precedent. Mary Bonauto, the civil rights attorney who successfully argued Obergefell, echoed this caution: "You can never really rest on your laurels because other forces just don't give up."

What's at Stake? Millions of Lives and Families

The potential consequences of revisiting Obergefell are profound. According to the Williams Institute at UCLA School of Law, nearly 600,000 same-sex couples have married since 2015, bringing the total to over 820,000 married couples nationwide. Approximately 300,000 children are being raised in these families. Overturning Obergefell wouldn't automatically invalidate existing marriages due to the Respect for Marriage Act, but it would remove the constitutional guarantee, allowing states to ban same-sex marriage again.

Philadelphia attorney Angela Giampolo, who advises same-sex couples, urges proactive measures. "I always tell people don't be scared. Just be prepared," she said. Giampolo recommends couples strengthen legal protections through estate planning, powers of attorney, and comprehensive documentation, regardless of their marital status. "If you are in a committed relationship and considering getting married, I do advise doing so sooner rather than later," she added, emphasizing the importance of securing current legal recognition.

The Path Forward: A Long Road Ahead

The Supreme Court's decision on whether to hear the Davis case is expected by November 11, 2025. It requires the votes of four justices to grant certiorari. Even if the Court takes up the case, it's far from certain a majority would vote to overturn Obergefell. Justices Barrett and Kavanaugh have previously signaled reluctance to roll back marriage rights.

For couples like Anthony Lewis and Daniel Simpson in Philadelphia, who celebrated their 10th anniversary in 2025, this legal uncertainty is deeply personal. "Our marriage is no different than anyone else's," Lewis stated. "It's just two people who happen to meet and fall madly in love... and want to spend the rest of our life together."

As the Court deliberates, the focus remains on the fundamental question of equality under the law and the stability of families built on love and commitment, regardless of gender.