Supreme Court formally asked to overturn landmark same-sex marriage ruling

ABC news ^ | August 11, 2025 | Devin Dwyer

[Morgana]

Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision.

Kim Davis, the former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees.

In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.

More fundamentally, she claims the high court's decision in Obergefell v Hodges -- extending marriage rights for same-sex couples under the 14th Amendment's due process protections -- was "egregiously wrong."

"The mistake must be corrected," wrote Davis' attorney Mathew Staver in the petition. He calls Justice Anthony Kennedy's majority opinion in Obergefell "legal fiction."

The petition appears to mark the first time since 2015 that the court has been formally asked to overturn the landmark marriage decision. Davis is seen as one of the only Americans currently with legal standing to bring a challenge to the precedent.

[Engraved-on-His-hands]

Yes!

[midwest_hiker]

I like how the 14th amendment gets applied only when the judges feel like it.

[struggle]

This is going to be way harder, as a gay married couple from an issuing state might move to a non-recognizing state and then what? Furthermore, you have a lot of gay marriages federally recognized now.

I think Roberts will punt and leave it in place.

[af_vet_1981]

"Wouldn't it be wonderful ?"

Back when marriage was between one man and one woman:

[Verse 1: Brian Wilson]
Wouldn't it be nice if we were older?
Then we wouldn't have to wait so long
And wouldn't it be nice to live together
In the kind of world where we belong?

[Chorus: Brian Wilson]
You know it's gonna make it that much better
When we can say goodnight and stay together

[Verse 2: Brian Wilson]
Wouldn't it be nice if we could wake up
In the morning when the day is new?
After having spent the day together
Hold each other close the whole night through

[Chorus: Brian Wilson]
But happy times together we've been spending
I wish that every kiss was never-ending
Oh, wouldn't it be nice?

[Bridge: Mike Love, Brian Wilson, Carl Wilson]
Maybe if we think and wish and hope and pray, it might come true (Run, run, we-ooh)
Oh, baby, then there wouldn't be a single thing we couldn't do
Oh, we could be married (Oh, we could be married)
And then we'd be happy (And then we'd be happy)
Oh, wouldn't it be nice?

[cgbg]

Yup—Obergefell was an abomination.

Members of Congress—including some Republicans—who later voted for legalizing gay marriage were despicable.

[God luvs America]

Lets remember- it was the courts the overturned the voters of California, who voted against gay marriage before some gay judge ruled it was unconstitutional

[aspasia]

It was hastily sinister how the state referendums on marriage instead yielded the SC ruling in Obergefel v Hodges. And then immediately after that everything precipitated into demanding rights for sex changes.

[Persevero]

Oh please God

[cgbg]

Almost everything in life that is worthwhile is hard—often very hard.

[E.Allen]

If all states have to recognize one state’s marriage license,
why don’t all states have to recognize another state’s CCW license????

[Tell It Right]

This is going to be way harder, as a gay married couple from an issuing state might move to a non-recognizing state and then what? Furthermore, you have a lot of gay marriages federally recognized now.

Can't gay "marriages" be handled like underage marriages? If I understand it correctly, a marriage legally done in one state may not be counted as valid if they move to another state if one person is under the minimum marriage age of the new home state.

[Tell It Right]

This is going to be way harder, as a gay married couple from an issuing state might move to a non-recognizing state and then what? Furthermore, you have a lot of gay marriages federally recognized now.

Can't gay "marriages" be handled like underage marriages? If I understand it correctly, a marriage legally done in one state may not be counted as valid if they move to another state if one person is under the minimum marriage age of the new home state.

[escapefromboston]

I will be very shocked if it’s overturned though it should be. It was just one big humiliation ritual for the entire nation

[Leaning Right]

> I think Roberts will punt and leave it in place. <

Yep. There’s not a 1% chance that the same-sex marriage ruling will be overturned. Such an overturn would take an incredibly bold Court. And that’s not something we have today.

[struggle]

>If all states have to recognize one state’s marriage license,
why don’t all states have to recognize another state’s CCW license????

I very good point

[Resolute Conservative]

Never happen. The same Chief Justice let Obamycare slide in so don’t expcet anything here.

[AppyPappy]

It sounds like the case does not approach same-sex marriage

[AppyPappy]

Show me a recent case of that

[MinorityRepublican]

Furthermore, you have a lot of gay marriages federally recognized now.

They shouldn't be federally recognized. It's a states' right issue. Similar to abortion.The IRS should recognize if there's one person earning income in the household. Or if there are two people earning $$$.

The IRS should follow state/local jurisdictions on that matter. Not on the federal level.