The US Supreme Court has announced it is considering whether to hear a controversial case that could have major consequences for same-sex marriage across the country.
The case comes from Kim Davis, a former Kentucky county clerk who refused to issue marriage licences to same-sex couples in 2015, following the landmark Obergefell v Hodges ruling that legalised same-sex marriage in all 50 states.
The justices are expected to privately confer on 7 November to discuss whether or not to take on Davis’ legal challenge, which seeks to reverse a Court of Appeal decision that found her actions as a public official were unconstitutional.
Who is Kim Davis and What’s Her Argument?
Kim Davis, now 60, made global headlines after refusing to issue a marriage licence to same-sex couple David Moore and David Ermold shortly after the Obergefell ruling. Citing her religious beliefs, Davis defied a federal court order and instead claimed she was acting under “God’s authority”.
Rather than single out same-sex couples, Davis halted all marriage licence issuances in her county, sparking widespread legal battles. A US District Court ordered her to resume issuing licences to both queer and heterosexual couples — an order she again ignored.
Although her office eventually resumed issuing licences in 2016, Davis appealed the court’s decision. Her legal team argues that her religious freedoms under the First Amendment were violated and that she was operating in a personal capacity, not as a state actor.
In a ruling earlier this year, the 6th Circuit Court of Appeals rejected her claim, affirming that while Davis had the right to religious belief in a private capacity, she could not refuse services on behalf of the government.
In July 2025, Davis petitioned the Supreme Court to overturn that ruling, stating she was “not a state actor” and therefore not bound by constitutional obligations in her role.
What Happens Next?
The Supreme Court justices will meet in private to decide whether to accept Davis’ case. In order for the case to move forward, at least four justices must vote to hear it — and this vote must be repeated in two consecutive conferences, typically held on Wednesdays and Fridays.
If the justices decline to hear the case, an announcement could come as early as 10 November. If they vote in favour, it may take a week or more for a formal judgment to be made public.
While some fear this could lead to an unravelling of Obergefell, legal experts suggest the case may be decided on narrower legal grounds, such as qualified immunity or the distinction between personal and official government actions — rather than directly challenging same-sex marriage rights.
Could Obergefell v Hodges Be Overturned?
Even if the Supreme Court agrees to hear the case, it does not necessarily mean Obergefell v Hodges will be overturned. That said, several conservative justices have previously signalled interest in revisiting the 2015 ruling.
Justice Clarence Thomas has consistently urged the Court to reconsider Obergefell, particularly in the wake of Roe v Wade being overturned in 2022.
However, other members of the Court may offer more moderate views. Justice Amy Coney Barrett recently told The New York Times that she believes marriage equality carries “very concrete reliance interest,” suggesting she may be less inclined to dismantle existing protections.
Additionally, The Respect for Marriage Act (2022) remains in place, providing federal recognition of same-sex marriages and requiring states to honour such unions, even if Obergefell were weakened or overturned.
