Ten years after the Supreme Court’s landmark Obergefell v. Hodges ruling legalized same-sex marriage nationwide, the justices will soon decide whether to hear a case that could upend that historic precedent. The case comes from Kim Davis, the former Kentucky county clerk who in 2015 made headlines for refusing to issue marriage licenses to a gay couple, citing religious beliefs. Davis is appealing a $100,000 jury award for emotional damages, plus $260,000 in legal fees, arguing that the First Amendment’s free exercise clause shields her from personal liability. Her petition, filed last month, marks the first formal request since legalizing marriage equality for the Court to overturn Obergefell.
While lower courts have rejected her arguments, Davis’ legal standing makes her a unique vehicle for conservative activists seeking to roll back marriage equality. The Court will privately discuss whether to take the case on September 29, with a decision expected no earlier than October. If accepted, arguments could be heard in late 2025 or early 2026, with a ruling by June 2026. LGBTQ advocates warn this is part of a broader push: in 2025 alone, nine states have introduced or passed measures urging the Court to reverse Obergefell. The Southern Baptist Convention has also made overturning the ruling a top priority.
If overturned, the 2022 Respect for Marriage Act would still require states to recognize existing same-sex marriages, but could allow states to ban the issuing of new marriage licenses to LGBTQ couples. Is the Respect for Marriage Act enough? Is it just? Will the Religious Exemption language render it useless? It’s tolerance without acceptance, legality without love’s full dignity.
Not to mention the Log Cabin Republicans, who have long insisted the Trump administration would never threaten the gay community, could find themselves with no defense if the Court rules against marriage equality. Is it something Donald Trump could bear politically?
The stakes are clear for the queer community of America: hard-earned marriage equality may again be on the line. The LGBTQ community across the world will be watching.
