The U.S. Supreme Court is considering whether to hear a case brought by former Kentucky clerk Kim Davis, who is seeking to overturn the court’s decision in Obergefell v. Hodges, a landmark ruling that established the right to same-sex marriage across the nation.
Davis’ attorney, Matthew Staver, expressed optimism about the court taking the case, according to Newsweek.
What’s Going On
New Petition Filed: Kim Davis, the former Kentucky county clerk who was jailed in 2015 for refusing to issue marriage licenses to same-sex couples, has formally petitioned the U.S. Supreme Court to overturn Obergefell v. Hodges, the landmark 2015 ruling that legalized same-sex marriage nationwide. Her petition argues that Obergefell violated her religious freedoms and was “egregiously wrong” and at odds with the Constitution.Marie Claire UKAP NewsABC7 San FranciscoPinkNews
SCOTUS Response: The Supreme Court has taken the unusual step of requesting a response from the couple she denied licenses (David Moore and David Ermold)—a signal that the justices are considering the petition. Their response was initially due on September 8 and has been extended to October 8.SCOTUSblog
Potential Timeline: If the Court decides to hear the case, oral arguments could be scheduled for spring 2026, with a decision expected by June 2026.mintseacoastoldies.com
Broader Context & Reactions
Conservative Momentum: This petition is part of a broader conservative push to repeal Obergefell. At least nine states—including Idaho, Montana, Oklahoma, Michigan, and Texas—have introduced resolutions urging the Supreme Court to revisit or nullify the ruling.EL PAÍS EnglishThemNewsweekWikipedia
Public and Legal Pushback: LGBTQ+ advocates and many legal experts remain skeptical that SCOTUS will hear the case or reverse the ruling. They argue this case is narrow, unlikely to satisfy the Court’s criteria for review, and could lead to legal chaos if overturned.AxiosMarie Claire UKThem
Safeguards in Place: Even if Obergefell is overturned, existing same-sex marriages would still be protected by the Respect for Marriage Act (2022), which mandates that states must recognize all legally performed marriages.Marie Claire UKAxiosWikipedia
Warning from Hillary Clinton: Former Secretary of State Hillary Clinton warned that the Court could dismantle marriage equality in a similar way it reversed abortion rights. She urged LGBTQ+ couples to consider marrying soon, noting that while existing marriages would likely remain valid, the national right may still be eroded.MEAWW NewsAxiosPinkNews
Quick Summary Table
Issue Details
Who filed Kim Davis, former Kentucky clerk (2015 denial case)
What she requests Overturn Obergefell; assert religious freedom
SCOTUS action Requested response from plaintiffs; considering whether to take up the case
Timeline Decision expected fall 2025; possible oral arguments spring 2026; ruling by June 2026
Impact if overturned Same-sex marriage laws revert to state-level; existing unions preserved by law
Public stance Many advocates believe the Court is unlikely to take the case
Federal protection Respect for Marriage Act continues to safeguard existing marriages
Urgent advice Hillary Clinton encourages same-sex couples to marry soon, citing risk.