The Supreme Court’s Decision on Same-Sex Marriage: A Challenge to a Landmark Ruling
Ten years have passed since the Supreme Court extended marriage rights to same-sex couples nationwide, but a new challenge has emerged that seeks to overturn this landmark decision. Kim Davis, a former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, has filed a petition with the high court asking them to reconsider their ruling.
The court’s decision in Obergefell v Hodges was met with widespread support from Americans, with 60% of respondents favoring same-sex marriages in 2015 and 70% support this year. However, Davis’ petition argues that the high court’s decision was “egregiously wrong” and that it was “legal fiction.” Her attorney, Mathew Staver, claims that Justice Anthony Kennedy’s majority opinion in Obergefell was “wrong” and that the justices should reconsider all of their substantive due process precedents.
The petition marks the first time since 2015 that the court has been formally asked to overturn the landmark marriage decision. Lower courts have dismissed Davis’ claims, and most legal experts consider her bid a long shot. A federal appeals court panel concluded earlier this year that the former clerk “cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect.”. This leads to further considerations.
What’s at stake here? If the Supreme Court accepts Davis’ petition, it would likely schedule oral arguments next spring and decide by the end of June 2026. The court could also decline the case, allowing a lower court ruling to stand and avoid entirely the request to revisit Obergefell.
The implications of this challenge are far-reaching. If the Supreme Court were to overturn Obergefell, it would mean that same-sex couples would no longer have the right to marry in all 50 states. However, many experts argue that such a ruling would not invalidate existing marriages, as the Williams Institute at UCLA Law School estimates that there are over 823,000 married same-sex couples in the U.S., including 591,000 who wed after the Supreme Court decision.
The shift in support for equal marriage rights is notable. While a strong majority of Americans favor equal marriage rights, support appears to have softened in recent years. According to Gallup, among Republicans, support has notably dipped over the past decade, down from 55% in 2021 to 41% this year. This leads to further considerations.
What can we expect from the Supreme Court? Chief Justice John Roberts, among the current members of the court who dissented in Obergefell a decade ago, sharply criticized the ruling at the time as “an act of will, not legal judgment” with “no basis in the Constitution.” Davis invoked Roberts’ words in her petition to the high court, hopeful that at least four justices will vote to accept her case and hear arguments next year.
The future of same-sex marriage rights hangs in the balance. As the Supreme Court considers this challenge, LGBTQ advocates say they are apprehensive about the shifting legal and political landscape around marriage rights. One thing is certain: the outcome of this case will have far-reaching consequences for Americans who have fought tirelessly for their right to marry the person they love.