Supreme Court to Weigh First Major Challenge to Same-Sex Marriage Rights Since 2015
Supreme Court to Weigh First Major Challenge to Same-Sex Marriage Rights Since 2015
The Supreme Court is poised to consider a petition this fall that directly challenges the landmark 2015 *Obergefell v. Hodges* decision, which legalized same-sex marriage nationwide. This marks the first time since the original ruling that the high court has been formally asked to overturn the precedent.
The appeal originates from Kim Davis, the former Kentucky county clerk who gained national attention in 2015 after being jailed for refusing to issue marriage licenses to same-sex couples on religious grounds. Davis is appealing a substantial jury verdict against her, arguing that her First Amendment right to free exercise of religion should immunize her from personal liability. Her petition claims the *Obergefell* decision was “egregiously wrong” and must be corrected.
While lower courts have dismissed Davis’s claims and many legal experts consider her bid a long shot, the case underscores a renewed and organized campaign by conservative groups to reverse legal precedents on same-sex marriage. Several states have introduced legislation or resolutions in 2025 urging the Supreme Court to revisit *Obergefell*.
Davis’s petition draws parallels to the 2022 overturning of *Roe v. Wade*, referencing Justice Clarence Thomas’s past call to reconsider *Obergefell*. Public support for same-sex marriage, while still strong, has shown signs of plateauing, with a notable dip among Republicans in recent years.
The Supreme Court is expected to discuss Davis’s petition during a private conference this fall. If accepted, oral arguments would likely be scheduled for spring 2026, with a decision by the end of June 2026. However, many legal analysts believe the current conservative majority may be hesitant to take up the case directly, preferring future challenges to develop further in lower courts. It’s also important to note that the 2022 Respect for Marriage Act ensures federal and state recognition of existing same-sex and interracial marriages, even if *Obergefell* were to be overturned in the future.
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