Kim Davis Petitions Supreme Court to Overturn Landmark Same-Sex Marriage Ruling

Kim Davis, who gained national attention in 2015 for refusing to issue marriage licenses to same-sex couples in Rowan County, Kentucky, has reignited a legal battle over marriage equality. On Thursday, her attorneys from the nonprofit Liberty Counsel submitted a petition to the U.S. Supreme Court, urging the justices to overturn Obergefell v. Hodges—the 2015 landmark ruling that recognized marriage equality as a constitutional right for same-sex couples across the United States .

Davis's refusal in 2015 led to multiple lawsuits, national protests, and her brief jailing for contempt of court after she defied federal orders. Although her staff eventually issued the licenses without her signature, the controversy became a pivotal moment in the national discourse on LGBTQ+ rights and religious liberty .

In her Supreme Court filing, Davis argues that Obergefell was incorrectly decided, referring to it as a “legal fiction of substantive due process,” and contends that the Fourteenth Amendment does not explicitly grant the right to same-sex marriage . The petition draws parallels to the Court’s 2022 decision to overturn Roe v. Wade, which ended federal protections for abortion and returned authority to the states .

Davis’s legal team also referenced recent opinions from conservative justices, including Justice Clarence Thomas, who has questioned the constitutional grounding of substantive due process rights—a doctrine underpinning both abortion and marriage equality rulings . The petition claims the Obergefell decision was “an act of the court’s will, not legal judgment,” and urges the Court to allow states to regulate marriage .

Additionally, Davis’s attorneys asked the Court to reverse an order requiring her to pay $360,000 in damages to a couple she denied, arguing that the ruling violated her First Amendment rights and her immunity as a government official .

The effort to overturn Obergefell has drawn swift condemnation from LGBTQ+ advocacy groups, who warn that rolling back marriage equality would endanger the rights and dignity of millions of LGBTQ+ Americans. National surveys consistently show that a broad majority of Americans support marriage equality: a March poll by the Public Religion Research Institute found that 67 percent of Americans back same-sex marriage rights, and 76 percent favor comprehensive anti-discrimination protections for LGBTQ+ people .

Legal experts note that, despite the renewed challenge, the Supreme Court’s willingness to revisit Obergefell remains uncertain. For the Court to hear the case, four justices would need to vote in favor of granting oral arguments during the Court’s next term, which begins in October . Advocates emphasize that marriage equality is now deeply integrated into American law and society, and any reversal would have profound consequences for families, children, and the broader LGBTQ+ community .

Davis’s petition comes amid a period of heightened scrutiny of Supreme Court precedents related to civil rights and personal freedoms. The reliance on substantive due process—a legal doctrine affirming certain fundamental rights not explicitly listed in the Constitution—remains a focal point in debates over LGBTQ+ rights, reproductive justice, and other key issues .

While Davis and her legal team argue that Obergefell was not rooted in history or tradition, critics counter that such reasoning has been used to justify the rollback of hard-won civil rights, especially those protecting marginalized groups . LGBTQ+ advocates and many legal scholars maintain that marriage equality is a fundamental right, essential to the well-being and recognition of LGBTQ+ individuals and families.

As the Supreme Court considers whether to take up Davis’s case, the LGBTQ+ community and allies remain vigilant, emphasizing the need to protect legal advances and ensure equality for all Americans.