Remember Kim Davis? The former Kentucky county clerk who decided that her personal religious beliefs were more important than the law, basic decency, and the right of queer people to marry? She’s back in the news and this time, she’s not just defending her actions from 2015. She’s asking the Supreme Court to overturn marriage equality entirely.
Ten years after Obergefell v. Hodges recognized the right of same-sex couples to marry nationwide, Davis, who famously spent six days in jail for refusing to issue marriage licenses, is appealing a court decision that ordered her to pay $100,000 in emotional damages to the couple she wronged, plus over $260,000 in attorneys’ fees. Her argument? That her “religious freedom” should protect her from accountability and, more dangerously, that Obergefell itself was “egregiously wrong” and should be erased from history.
Her lawyer’s petition to the Court doesn’t mince words: they want the justices to “correct the mistake” of recognizing queer marriages, echoing Justice Clarence Thomas’ 2022 call to revisit landmark LGBTQ rights cases. This is the first direct request since 2015 for the Court to strike down Obergefell and thanks to her unique legal standing, Davis is one of the only people who can bring such a challenge.
Across the country, conservative lawmakers are moving to restrict LGBTQ marriage rights at the state level. Lambda Legal reports that at least nine states this year have introduced or passed measures aimed at undermining same-sex marriage. And it’s not just politicians. In June, the Southern Baptist Convention made overturning Obergefell a top priority.
The anti-LGBTQ playbook is clear: chip away at our rights one case, one bill, one court challenge at a time, and wait for the right moment to pounce.
Marriage equality still enjoys strong national support. Gallup says 70% of Americans back it but that’s a plateau since 2020. Among Republicans, support has dropped sharply from 55% in 2021 to just 41% in 2025.
Most legal experts think Davis’ chances are slim right now. Lower courts have repeatedly shut her down, ruling that the First Amendment doesn’t shield government officials from doing their jobs. And several conservative justices, including Kavanaugh and Barrett, seem uninterested in relitigating marriage equality at the moment. But the Court’s makeup has shifted dramatically to the right since Obergefell, and Thomas has made it clear he’s ready to swing the hammer.
If the justices take the case this fall, arguments could happen next spring with a decision by June 2026. Overturning Obergefell wouldn’t cancel existing marriages thanks to the 2022 Respect for Marriage Act, but it could let states slam the door on new marriage licenses for queer couples.
There are approximately 823,000 married same-sex couples in the U.S., nearly one in five raising kids. These are real families with real stakes in this fight.
Kim Davis’ latest stunt is part of a broader, dangerous movement to dismantle LGBTQ rights. This is not a drill. We’ve seen how fast progress can unravel and it’s going to take vigilance, organizing, and unapologetic resistance to protect what we’ve fought for.
