“Supreme Court to weigh longshot bid to overturn same-sex marriage precedent”

 

The U.S. Supreme Court is considering whether to take up a new appeal that directly challenges Obergefell v. Hodges — the landmark 2015 ruling that legalized same-sex marriage nationwide. The petition comes from Kim Davis, a former Kentucky county clerk who famously refused to issue marriage licenses to same-sex couples, citing her religious beliefs. After years of legal battles and being held personally liable by lower courts, Davis has now asked the Supreme Court not only to clear her name but also to reconsider the Obergefell decision itself.

Legal experts describe this as a long-shot bid, noting that it would take at least four justices to agree even to hear the case. The filing argues that Obergefell was wrongly decided under the Fourteenth Amendment’s “substantive due process” doctrine, a legal principle that some conservative justices — notably Clarence Thomas and Samuel Alito — have criticized in past opinions. Thomas has previously written that the Court should revisit precedents like Obergefell, which he says lack constitutional grounding, though he has stopped short of calling for immediate reversal.

If the Court decides to hear the case, it would mark the first direct challenge to same-sex marriage rights in a decade, potentially reopening a deeply polarizing national issue. However, many analysts believe the Court is unlikely to take it up, especially since Congress passed the Respect for Marriage Act in 2022, ensuring federal recognition of same-sex marriages even if Obergefell were overturned. Still, the petition highlights ongoing divisions over LGBTQ+ rights and the Supreme Court’s willingness to revisit major social precedents.

The outcome — whether the justices agree to review the case or decline it — will be closely watched. A refusal would reaffirm Obergefell as settled law, while granting review could fuel debate over how stable constitutional protections remain under the current Court’s conservative majority.