Nearly ten years after legalizing same-sex marriage nationwide, the Supreme Court has been asked to re-visit the landmark Obergefell v. Hodges decision. On July 24, 2025, Kim Davis, the former Kentucky clerk who made headlines in 2015 for refusing to issue marriage licenses to same-sex couples, filed a petition to overturn a damages judgment against her – and the Obergefell ruling itself. The move lands before a Court with a larger conservative majority than the one that decided Obergefell in a narrow 5–4 vote.
Still, FGS Global’s expert court watchers believe it’s unlikely the landmark decision is about to be overturned. Here’s why:
Long history of legal defeats: Since her brief jailing for contempt of court in 2015, Davis has consistently lost in court, most recently at the conservative-leaning Sixth Circuit Court of Appeals, which covers Kentucky and neighboring states.
Little appetite among jurors: Justice Neil Gorsuch cited Obergefell as a key foundation in his 2020 majority opinion in Bostock v. Clayton County. Justices John Roberts (who joined Gorsuch’s majority opinion in Bostock), Brett Kavanaugh and Amy Coney Barrett are also considered unlikely to reopen the politically explosive issue.
Thomas and Alito are in the minority: While both have signaled interest in overturning Obergefell, they would need at least two more votes to hear the case.
Different priorities: The court’s conservative majority is more likely to focus its attention next term on litigating the scope of presidential executive authority and winnowing the power of the administrative state.
A decision on whether the Court will hear Davis’s appeal is expected this fall.