Gay Marriage at Risk

It appears marriage equality opponents may have found a new opening to challenge Obergefell v. Hodges. Kim Davis — the former Kentucky county clerk who refused to issue marriage licenses to same-sex couples in 2015, citing religious beliefs — has formally asked the U.S. Supreme Court to reconsider her case. Davis served a brief jail sentence at the time and fought fines for defying the law. Now, her request could serve as a technical pathway to reopen the legal debate over same-sex marriage nationwide.

It remains unclear whether the Court will take up her petition, but at least three conservative justices have previously signaled interest in revisiting the 2015 ruling that legalized same-sex marriage across the U.S. For LGBTQ+ advocates, the risk is real: the Court’s overturning of Roe v. Wade proved that even long-standing rights can be dismantled, despite strong public support.

If the Court does accept Davis’s case, it could ultimately overturn Obergefell and return the issue to the states. That would trigger an immediate clash between federal protections and state-level bans. The Biden-era Respect for Marriage Act requires states to recognize marriages performed in other states, but it does not compel them to issue marriage licenses themselves. More than 30 states still have laws on the books banning same-sex marriage, which would instantly come into play if Obergefell falls.

In short: the Respect for Marriage Act offers some safeguards, but they are limited. A conservative Court, combined with shifting political realities, could tip the balance against marriage equality — reigniting a battle many thought was settled a decade ago.