Ten years after the US Supreme Court redefines marriage to include same-sex couples across the country, former Kentucky County Clerk Kim Davis has given the judicial 2015 Obergefellv. They call for Hodges’ ruling to be reversed, calling it “terribly wrong.”
After six days in prison in 2015 for refusing to issue marriage licenses to gay couples on religious grounds, Davis sues a $100,000 ju-joining verdict on emotional damages and $260,000 in attorneys’ fees. Her legal team argues that First Amendment guarantees of the free exercise of religion protects her from personal liability.
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In a review petition, Davis’ attorney Matthew Staber wrote that “the mistakes must be corrected,” calling for a majority opinion in Judge Anthony Kennedy’s Obergefell’s “Legal Fiction.” He emphasized the importance of the case, saying, “If there are exceptionally significant cases, this should be the first individual in the history of a republic who was imprisoned for following her religious beliefs about the historical definition of marriage.”
This appeal is considered the first direct request to overturn Obergefell after it has been decided. At the time, 35 states had constitutional or statutory bans on same-sex marriage, but only eight of them had laws expressly allowing that. Since the verdict, many Christians and conservative legal advocates have warned that the decision undermines both the Bible definition of marriage, one man and one woman, and the right to live in faith in the public square.
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Davis’ petition is challenging Obergefell amid a wider move in several states. ABC News reports that “at least nine states have passed a resolution urging the Supreme Court to introduce legislation aimed at blocking new marriage licenses for LGBTQ people or reverse Obergefell on the earliest opportunity.” In June, the Southern Baptist Treaty, the country’s largest Protestant sect, voted to “overturn laws and court rulings, including Hodges, that ignore God’s design for marriage and family.”
Her case is Roev. Dobbsv overturned Wade. It also depicts similarities with the court’s 2022 decision at the Jackson Women’s Health Organization. Davis’ petition cited the consent of Dobbs’ Justice Clarence Thomas, who wrote that the court “should review all of the court’s substantial due process precedents, including Griswold, Lawrence and Obergefell.”
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What will happen next
The Supreme Court is expected to consider Davis’ petition at a private meeting this fall and decide whether to file a lawsuit. If accepted, the decision by June could lead to oral discussions in the spring of 2026. If the judiciary declines, the lower court against Davis will stand, and the challenge to Obergefell is over for now.
While most legal experts view her chances as slim, Davis’s appeal is closely monitored by Christians who believe that marriage is defined as a contract between a man and a woman. Director John Roberts, who opposed at Obergefell, criticized the ruling as “an act of will, not a constitutional basis, not a legal judgment,” and warned that it “produces serious questions about religious freedom,” Davis in her petition.
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For many Christians, this case is more than a legal precedent. It is to defend the freedom to live according to the beliefs of the Bible without fear of punishment. As Davis’s lawyers argue, her position was not unmotivated by hatred, but by “following religious beliefs about the historical definition of marriage.”
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