LGBTQ+ advocates express deep concern as the court reviews a decade-old landmark decision
A High-Stakes Review Behind Closed Doors
The US Supreme Court is set to meet privately on Friday to decide whether it will revisit the landmark 2015 ruling that legalised same-sex marriage across the nation. The appeal, brought forward by Kim Davis, a former Kentucky county clerk, has reignited fears among LGBTQ+ advocates, despite little indication that the justices intend to overturn the decision.
Davis, who became widely known for refusing to issue marriage licences to same-sex couples after the Obergefell v. Hodges decision, has spent years challenging the ruling. In her latest filing, she called for a “course correction,” directly asking the court to scrap its own precedent.
The justices will consider Davis’s petition among dozens of other appeals in their regular closed-door conference. The decision on whether to hear her case could come as soon as Monday, though the court might also delay its announcement if one or more justices wish to write separate opinions.
The Legacy of Obergefell v. Hodges
The 2015 Obergefell ruling was a watershed moment for civil rights in America. It granted same-sex couples the constitutional right to marry, leading to scenes of celebration across the country.
The White House was lit in rainbow colours the night the decision was announced.
Within days, thousands of couples rushed to courthouses to marry.
Since then, nearly 600,000 same-sex marriages have taken place, according to the Williams Institute at UCLA School of Law.
But the decision also provoked fierce backlash from some religious conservatives, who argued it violated their beliefs. Kim Davis, then a county clerk in Rowan County, Kentucky, refused to issue any marriage licences, citing her Christian faith. She was later sued, fined, and even jailed for contempt of court after defying a federal order.
A Different Supreme Court — and a Conservative Tilt
The Supreme Court today looks very different from the one that decided Obergefell. Two key liberal justices from that time, Anthony Kennedy and Ruth Bader Ginsburg, have since been replaced by conservatives Brett Kavanaugh and Amy Coney Barrett.
Justice Kennedy, who authored the 2015 opinion, retired in 2018.
Justice Ginsburg passed away in 2020, and Barrett — known for her conservative views — took her place.
This ideological shift has caused concern among advocates. James Obergefell, the plaintiff whose name became synonymous with the ruling, told CNN, “At this point, I do not trust the Supreme Court.”
However, despite fears, several justices have hinted that overturning Obergefell is not on the immediate agenda.
Divided Opinions Within the Court
While a few conservative justices have publicly criticised the 2015 decision, others have urged caution.
Justice Clarence Thomas previously suggested the court should “reconsider” same-sex marriage.
Justice Samuel Alito, who dissented in Obergefell, recently described the decision as inconsistent with conservative legal philosophy but clarified, “I am not suggesting that the decision should be overruled.”
Justice Amy Coney Barrett, promoting her memoir, acknowledged that there are “very concrete reliance interests” connected to same-sex marriage — referring to factors like child custody, inheritance, and financial planning.
This principle, known as stare decisis, underlines the importance of upholding established precedents, especially when people’s lives have been built around them.
What Kim Davis’s Appeal Really Seeks
Although Davis’s case has been portrayed as a direct challenge to same-sex marriage rights, much of her appeal centres on religious freedom. She argues that her refusal to issue marriage licences was protected by the First Amendment, claiming her religious beliefs should shield her from liability.
However, the 6th US Circuit Court of Appeals rejected her argument, ruling that she violated the law by refusing to perform her duties as a public official. Davis is no longer in public office but continues to press her case with support from Liberty Counsel, a conservative legal group.
Mathew Staver, founder of Liberty Counsel, stated:
“If not this case, it’s going to be another. It’s not a matter of if, but when it will be overturned.”
Could History Repeat Itself?
Some experts warn that Davis’s petition may be the beginning of a longer legal campaign against Obergefell, similar to how conservatives methodically challenged Roe v. Wade before its reversal in 2022.
Yet, there are key differences. Public support for same-sex marriage is now at an all-time high, and Congress passed the Respect for Marriage Act in 2022, reinforcing protections for both same-sex and interracial marriages with bipartisan support.
Still, Mary Bonauto, the civil rights lawyer who argued Obergefell before the Supreme Court, says vigilance is essential:
“You can never really rest on your laurels because other forces just don’t give up.”
What Happens Next
It takes four justices to agree to hear a case, but a majority of five to rule on it. Even if four conservative justices want to reopen Obergefell, they may hesitate if they cannot secure a fifth vote for a win.
The coming days will reveal whether the court will take up Davis’s case or quietly reject it. Either way, the outcome will send a powerful message about the future direction of the Supreme Court — and the security of marriage equality in America.
References:
CNN Politics
The New York Times
Williams Institute, UCLA School of Law
Supreme Court of the United States Archives
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