The U.S. Supreme Court is being formally asked to overturn its landmark 2015 decision that legalized same-sex marriage nationwide.
Kim Davis, the former Kentucky county clerk who spent six days in jail in 2015 for refusing to issue marriage licenses to same-sex couples, has filed a petition asking the court to reverse Obergefell v. Hodges.
That decision, decided under the 14th Amendment, extended marriage rights to same-sex couples in all 50 states.
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In her appeal, Kim argues that the First Amendment protects her from personal liability, citing her religious beliefs, and calls the 2015 ruling “egregiously wrong,” via ABC News.
Her filing also directly references Justice Clarence Thomas’ 2022 opinion suggesting that the court should revisit Obergefell.
Kim is appealing a $100,000 jury verdict for emotional damages, plus $260,000 in attorneys fees, after losing a lawsuit brought by David Ermold and David Moore, the couple she denied a marriage license. Lower courts have rejected her claims, with one federal appeals court ruling she cannot use the First Amendment as a defense for state action.
The justices are expected to review her petition this fall to decide whether to hear the case. If accepted, arguments could take place in spring 2026, with a decision by June of that year.
It’s worth noting that even if Obergefell were overturned, existing marriages would remain valid under the 2022 Respect for Marriage Act, which requires states to recognize all legal same-sex and interracial marriages performed nationwide.
