The U.S. Supreme Court is once again at the center of a national debate, as it prepares to decide whether to revisit the landmark 2015 ruling in Obergefell v. Hodges—the decision that legalized same-sex marriage across the country. With a private conference scheduled for November 7, the future of marriage equality in America hangs in the balance, reigniting fierce discussions about civil rights, religious liberty, and the role of the judiciary in shaping social policy.
The Case That Sparked a Movement
Obergefell v. Hodges was a watershed moment in American legal history. In a 5-4 decision, the Supreme Court ruled that the Fourteenth Amendment requires all states to license and recognize marriages between same-sex couples, effectively legalizing same-sex marriage nationwide. The ruling was celebrated as a victory for LGBTQ rights and has since become a cornerstone of modern civil liberties.
Why Is Obergefell Back in the Spotlight?
The renewed scrutiny comes from a petition filed by Kim Davis, a former Kentucky county clerk who, in 2015, refused to issue marriage licenses to same-sex couples, citing her religious beliefs. Davis was sued by couples she denied, and after years of legal battles, a federal jury ordered her to pay
$100,000 in damages in 2023. The Sixth Circuit Court of Appeals dismissed her most recent appeal, ruling that her actions as a government official were not protected by the First Amendment.
Davis, however, argues that she is being unfairly held personally liable without the ability to assert personal defenses, and her legal team is urging the Supreme Court to revisit the constitutional basis of
Obergefell. Her petition claims the ruling was "far outside the bound of any reasonable interpretation" of the Constitution and has had "ruinous consequences for religious liberty".
What Happens Next?
The Supreme Court will decide in its November 7 conference whether to take up Davis’s case. Traditionally, it takes at least four justices to agree to hear a case, but experts note that the justices are unlikely to proceed unless they believe there are five votes to potentially overturn
Obergefell.
Justice Clarence Thomas has previously signaled openness to revisiting the decision. In his concurring opinion overturning
Roe v. Wade in 2022, Thomas wrote that the Court has a "duty to 'correct the error'" in all substantive due process precedents, explicitly naming
Obergefell among them.
What’s at Stake for LGBTQ Rights?
If the Supreme Court agrees to hear the case and ultimately overturns
Obergefell, states could regain the power to deny marriage licenses to same-sex couples. However, due to the Respect for Marriage Act passed by Congress after the fall of
Roe v. Wade, states would still be required to recognize same-sex marriages performed elsewhere, preserving some legal protections but potentially ending the nationwide right to marry.
LGBTQ advocates warn that such a move would create a patchwork of rights and could embolden further challenges to LGBTQ protections. Public support for same-sex marriage remains strong, with recent polls showing over
60% of Americans in favor.
The Bigger Picture: A Court at a Crossroads
This moment is about more than just marriage licenses. It’s a test of how far the current Supreme Court is willing to go in revisiting—and potentially reversing—major precedents that have shaped American society over the past decade. The outcome could have ripple effects on other rights rooted in the Court’s interpretation of the Fourteenth Amendment, including contraception and privacy.
As the November 7 conference approaches, all eyes are on the justices. Will they take up the challenge and risk upending a decade of progress, or will they let
Obergefell stand as settled law? For millions of Americans, the answer could redefine the meaning of equality in the 21st century.
Sources
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10. SAME-SEX MARRIAGE AND EMPLOYER CHOICES ...
11. Kim Davis seeks Supreme Court review in challenge to ...
12. 117th Congress (2021-2022): Respect for Marriage Act
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