The US Supreme Court has declined to hear former county clerk Kim Davis’ latest appeal challenging the landmark Obergefell v. Hodges decision, which legalised same-sex marriage nationwide in 2015.
In a one-line entry on its order list, the Court stated simply: “The petition for a writ of certiorari is denied.” No explanation was provided for the refusal.
A Win for Marriage Equality Supporters
LGBTQ+ advocates welcomed the decision as a reaffirmation of legal equality.
“Today, the Supreme Court affirmed what we all know: marriage equality is the law of the land,” said Lambda Legal CEO Kevin Jennings. “This is a victory not only for the LGBTQ+ community, but for everyone who believes in our Constitution and the rule of law.”
He added:
“The Court’s decision reaffirms a simple fact: equal protection of the law applies to all, not just some.”
Kim Davis’ Long Legal Battle Ends — Again
Kim Davis made headlines in 2015 while serving as county clerk in Rowan County, Kentucky, when she refused to issue marriage licences to same-sex couples, citing her religious beliefs. Her refusal defied federal orders following the Obergefell ruling.
In the decade since, Davis has been jailed, sued, and has repeatedly appealed rulings against her. Her most recent appeal, filed in mid-2025, argued that the Supreme Court should reconsider its marriage equality precedent on First Amendment grounds.
Her legal representation, the far-right Liberty Counsel — classified by experts as a hate group — also asked the Court to overturn Obergefell, claiming it caused “significant damage” to the historic definition of marriage, religious freedom, states’ rights, and the rule of law.
Supreme Court Not Interested
Legal experts widely dismissed her petition as a weak attempt to reopen settled law. The appeal gained media attention but was considered highly unlikely to succeed. The Supreme Court receives around 10,000 petitions per year and hears fewer than 100 cases.
“Not a single judge on the U.S. Court of Appeals showed any interest in Davis’ rehearing petition, and we are confident the Supreme Court will likewise agree that Davis’ arguments do not merit further attention,” said Bill Powell, the lawyer representing the same-sex couple denied a licence by Davis.
Even if the Court had taken the case, it was unlikely to overturn marriage equality entirely. Legal commentator and publisher Chris Geidner previously explained that a successful religious freedom challenge could still cause harm — such as weakening civil protections — without reversing the right to marry.
Previous Opposition from Conservative Justices
Conservative Justices Clarence Thomas and Samuel Alito have previously voiced opposition to the Obergefell ruling. In 2020, they wrote that the recognition of same-sex marriages infringed upon the religious freedom of Christians, with Thomas claiming that believers were unfairly branded as “bigots” for maintaining traditional views.
However, despite the ideological divide, Justices Alito and Amy Coney Barrett have publicly denied any intention to revisit or dismantle Obergefell.
With the Court’s refusal to hear Davis’ appeal, advocates see the move as a quiet yet powerful message: marriage equality remains settled law.
