Kim Davis is back in the headlines. The Kentucky clerk who refused to issue marriage licenses to same-sex couples after Obergefell v. Hodges asked the U.S. Supreme Court earlier this summer to revisit her case and, in doing so, invited it to reconsider Obergefell itself.
It’s unlikely the Supreme Court will use Davis’s petition to undo marriage equality — her case is really about whether she can be held personally liable for damages. But the Court has shown a willingness to revisit what many believed were settled fundamental rights, most notably in Dobbs v. Jackson Women’s Health Organization, which eliminated the federal constitutional right to abortion and overturned nearly 50 years of precedent on reproductive freedom.
For LGBTQ+ families, the fact that Obergefell is even being questi