The Supreme Court has set a date to revisit one of the most consequential civil rights rulings of the 21st century: same-sex marriage. The justices have scheduled a private conference on November 7, 2025, to decide whether they will hear a case that directly challenges Obergefell v. Hodges. This was the 2015 decision that legalized same-sex marriage nationwide, under the Fourteenth Amendment’s clauses of due process and equal protection.
The petition, brought by former Kentucky County Clerk Kim Davis, argues that the ruling violates states’ rights and religious freedom. Her appeal asks the Court to reconsider whether states, and by extension, public officials, can be compelled to uphold laws they believe conflict with their faith. If the Court agrees to take the case, it could reopen the debate over marriage equality and reshape constitutional protections for millions of LGBTQ+ Americans.
Shortly after the Obergefell decision, Davis refused to issue marriage licenses to same-sex couples. When couples such as David Moore and David Ermold sought licenses in 2015, Davis denied them. This led to a lawsuit under 42 U.S.C. § 1983 for violation of their constitutional right to marry. Despite federal court orders to comply, Davis continued to refuse and was briefly jailed for contempt until her deputies issued the licenses in her absence.
In 2025, the Sixth Circuit reviewed the case’s legal consequences in Ermold v. Davis. The court rejected Davis’s claims of qualified immunity and religious defenses under the Free Exercise Clause and Kentucky’s Religious Freedom Restoration Act. The court also upheld a jury award of $50,000 in compensatory damages to each plaintiff for the emotional distress caused by her refusal.
Over the past two decades, courts at both the federal and state levels have addressed issues ranging from federal recognition of same-sex marriages to challenges against state bans. In United States v. Windsor (2013), the Supreme Court struck down part of the Defense of Marriage Act, forcing the federal government to recognize same-sex marriages and opening the door to equal federal benefits.
In 2022, President Biden signed the Respect for Marriage Act into law. This ensures that marriages validly performed in one state must still be recognized in other states and federally, even if the Supreme Court were to revisit aspects of marriage equality. As of now, the law remains in effect, providing a statutory safeguard for marriage equality.
If the Court refuses review, the legal landscape remains stable: same-sex marriages are recognized nationwide, and federal protections like the Respect for Marriage Act continue to guarantee access to Social Security, tax benefits, and health coverage. If the Court takes the case but issues a narrow ruling, it could clarify the scope of religious exemptions for public officials without undermining the broader right to marry.
However, a decision that overrules or narrows existing precedent could create a patchwork of marriage laws across the country. Couples might face uncertainty about whether their marriage is recognized in a given state, affecting access to tax benefits, health insurance, inheritance rights, and Social Security. Routine civil and legal matters, like parental rights, hospital visitation, or spousal decision-making could become complicated, leaving millions of Americans in limbo.
The outcome of Kim Davis’s petition could reaffirm existing protections or reopen long-settled debates over equality and faith. For millions of Americans, this isn’t just a case; it’s about the stability of families, their rights, and the promise of equal treatment under the law.