Ten years after the Supreme Court ruled in favor of same-sex marriage nationwide, the justices may soon review a case that seeks to overturn that decision. This fall, the court will consider a petition from Kim Davis, a former Kentucky county clerk who gained national attention in 2015 for refusing to issue marriage licenses to same-sex couples on religious grounds.

Davis is appealing a jury verdict that awarded $100,000 in emotional damages and $260,000 in attorney fees to David Ermold and David Moore, the couple she denied a marriage license. In her petition for writ of certiorari, filed last month, Davis argues that her First Amendment rights protect her from personal liability for her actions. She contends that the Supreme Court's 2015 decision in Obergefell v. Hodges, which extended marriage rights to same-sex couples under the 14th Amendment, was "egregiously wrong" and needs to be corrected.

Mathew Staver, Davis' attorney, criticized Justice Anthony Kennedy's majority opinion in Obergefell, calling it "legal fiction." This petition marks the first formal request to the Supreme Court to overturn the landmark marriage ruling since it was established. Legal experts note that Davis is one of the few individuals with standing to challenge the precedent. Staver emphasized the significance of the case, stating, "If there ever was a case of exceptional importance, this should be it."

However, lower courts have dismissed Davis' claims, and many legal analysts view her chances as slim. Earlier this year, a federal appeals court ruled that Davis could not invoke the First Amendment as a defense because her actions were tied to state responsibilities. William Powell, the attorney representing Ermold and Moore, expressed skepticism about Davis' appeal, stating, "Not a single judge on the U.S. Court of Appeals showed any interest in Davis's rehearing petition."

Davis' appeal comes amid a broader conservative movement aimed at reversing same-sex marriage rights. Since the Obergefell decision, 35 states had laws banning same-sex marriage, while only eight states had legalized it. In 2025, at least nine states have introduced legislation to block new marriage licenses for LGBTQ individuals or have passed resolutions urging the Supreme Court to reconsider Obergefell.

In June, the Southern Baptist Convention, the largest Protestant denomination in the U.S., voted to prioritize the overturning of laws and court rulings that contradict their views on marriage.

While a majority of Americans still support same-sex marriage, recent polls indicate a decline in support among certain demographics. According to Gallup, support for same-sex marriage rose from 60% in 2015 to 70% in 2025, but has plateaued since 2020. Among Republicans, support has dropped from 55% in 2021 to 41% this year. Davis' petition highlights the ongoing debate surrounding marriage rights in the United States.