Kim Davis Supreme Court Showdown: Could This Be the End of Gay Marriage in America?

Kim Davis, the former Kentucky county clerk who refused to issue marriage licences to same-sex couples in 2015, has petitioned the United States Supreme Court to overturn the landmark Obergefell v. Hodges ruling. The filing, submitted in early August 2025, argues that the decision legalising gay marriage nationwide was unconstitutional and violates her rights to religious freedom and free speech. The case has revived a fierce legal and political debate over marriage equality in America.

Who is Kim Davis and Why is She Back in Court?

Davis rose to national prominence in 2015 when she defied a federal court order to issue marriage licences to same-sex couples following the Supreme Court's decision in Obergefell v. Hodges. Her refusal, citing her Apostolic Christian beliefs, led to a 6-day jail term for contempt of court.

In 2022, a federal judge ruled that Davis had violated the constitutional rights of two couples by denying them licences. She was ordered to pay more than $360,000 (approximately £267,000) in damages and legal fees to David Ermold and David Moore, one of the couples involved in the original dispute.

Details of the Supreme Court petition

Davis' latest legal action seeks to have Obergefell v. Hodges overturned. In her petition, she describes the ruling as a 'legal fiction' and 'egregiously wrong'. Her lawyers contend that the decision infringes upon the First Amendment protections of free speech and the free exercise of religion.

The Supreme Court has not yet announced whether it will hear the case. If accepted, the challenge could revisit the legal foundation of same-sex marriage in the United States, ten years after its nationwide legalisation.

Part of a Broader Conservative Push

Davis' petition comes amid a wider effort by conservative lawmakers and advocacy groups to challenge marriage equality. In 2025, legislators in Missouri, Oklahoma, Tennessee and Texas introduced bills promoting 'covenant marriage', a form of union with religiously based restrictions.

Five states have introduced resolutions urging the Supreme Court to reconsider Obergefell, with two passing in state Houses. The Southern Baptist Convention also passed a resolution calling for the reversal of the ruling, although such resolutions carry no legal authority.

Public Opinion and Political Divisions

National polling from Gallup shows public support for same-sex marriage at 68% in 2025, up from around 60 per cent in 2015. However, partisan divisions have deepened. Support among Republican voters has declined from 55% in 2021 to 41% this year, while Democratic and independent support remains high.

These figures reflect a complex political environment in which legal challenges like Davis' gain traction among certain constituencies despite widespread national support for marriage equality.

Expert Analysis on Legal Prospects

Constitutional law experts widely agree that the end of gay marriage in America is highly unlikely under current judicial and political conditions. The Supreme Court is seen as unlikely to revisit Obergefell v. Hodges, which is considered settled law, and societal acceptance of same-sex marriage remains strong. Overturning the ruling would require a significant shift in judicial interpretation of both the Fourteenth Amendment and First Amendment protections.

Some analysts note that Davis' filing is part of a broader, coordinated strategy among conservative legal networks to create opportunities for the Court to reconsider precedent. While the case itself is unlikely to succeed, it could still influence future legislative proposals and shape public discourse on the balance between religious liberty and civil rights.