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Supreme Court Receives Formal Request To Overturn Landmark Ruling
The Supreme Court could hear a case this fall that potentially would result in overturning a landmark ruling to extend marriage rights to same-sex couples nationwide.
“Kim Davis, the former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees,” ABC News reports.
Davis’ attorney, Matthew Staver, said he is optimistic the court will take the case.
The Supreme Court will decide whether to take up a case challenging its 2015 ruling to legalize gay “marriage” nationwide.
The case was filed by Kim Davis, a former Kentucky clerk who spent 6 days in jail for refusing to provide marriage certificates to same-sex couples on… pic.twitter.com/6FE1qm3InE
— AF Post (@AFpost) August 11, 2025
ABC News has more:
In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.
More fundamentally, she claims the high court’s decision in Obergefell v Hodges — extending marriage rights for same-sex couples under the 14th Amendment’s due process protections — was “egregiously wrong.”
“The mistake must be corrected,” wrote Davis’ attorney Mathew Staver in the petition. He calls Justice Anthony Kennedy’s majority opinion in Obergefell “legal fiction.”
The petition appears to mark the first time since 2015 that the court has been formally asked to overturn the landmark marriage decision. Davis is seen as one of the only Americans currently with legal standing to bring a challenge to the precedent.
“If there ever was a case of exceptional importance,” Staver wrote, “the first individual in the Republic’s history who was jailed for following her religious convictions regarding the historic definition of marriage, this should be it.”
Similar to the overturning of Roe v. Wade, a Supreme Court decision to overturn Obergefell v. Hodges would likely return the issue of same-sex marriage to the states.
Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision. https://t.co/DDm60pxh72
— ABC News (@ABC) August 11, 2025
Newsweek provided further info:
In a recently filed petition to the Supreme Court, Staver raised religious objections to same-sex marriage.
“Obergefell was ‘egregiously wrong,’ ‘deeply damaging,’ ‘far outside the bound of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed,’ and set out ‘on a collision course with the Constitution from the day it was decided,'” he wrote.
Davis’ case “presents the ideal opportunity to revisit substantive due process that ‘lacks any basis in the Constitution,'” the petition reads.
“This flawed opinion has produced disastrous results leaving individuals like Davis ‘find[ing] it increasingly difficult to participate in society without running afoul of Obergefell and its effect on other antidiscrimination laws,'” it reads. “And, until the Court revisits its ‘creation of atextual constitutional rights,’ Obergefell will continue to have ruinous consequences for religious liberty.'”
The filing said that if the court overturns Obergefell, marriage rights would be returned to the states, but that any same-sex couples who were married since the ruling would be grandfathered.
Staver told Newsweek he believes the decision is on “weak on shaky ground.”
“It has no basis in the Constitution,” he said. “It’s what caused this issue with Kim Davis to be sent to prison for six days and now facing hundreds of thousands of dollars personally, is the Obergefell opinion originally, and I think that it’s time to reevaluate that and overturn it.”