Liberal heads will absolutely explode and may never recover if this happens, so brace yourself — the US Supreme Court has been granted an opportunity to overturn same-sex marriage at the federal level.
I’m not saying it’s “likely” but it’s possible and given the current composition of the court it could definitely happen.
NEW: Supreme Court formally asked to overturn same-sex marriage ruling – ABC
— Insider Paper (@TheInsiderPaper) August 11, 2025
Here’s a quick history lesson…
The U.S. Supreme Court legalized same-sex marriage nationwide in Obergefell v. Hodges, decided on June 26, 2015.
In a 5–4 decision, the Court ruled that the 14th Amendment requires all states to:
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License marriages between two people of the same sex.
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Recognize same-sex marriages lawfully performed in other states.
Justice Anthony Kennedy wrote the majority opinion, and the ruling effectively made gay marriage legal across the entire United States.
Now 10 years later, it could all be undone:
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.
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— ABC News Politics (@ABCPolitics) August 11, 2025
Here’s a quick summary of what’s at stake:
Kim Davis, a former Kentucky county clerk, is appealing to the U.S. Supreme Court to reconsider and potentially overturn the landmark 2015 Obergefell v. Hodges ruling that legalized same-sex marriage nationwide. Her legal team argues that the ruling negatively affects her religious freedom as a public official.
This marks the first formal request to challenge Obergefell in the Supreme Court since it was decided.
ADVERTISEMENTDavis faces a court judgment requiring her to pay approximately $360,000 in damages and attorney fees to the couple she refused to serve; she contends her refusal was an exercise of her First Amendment rights.
Her attorneys characterise the Obergefell decision as “egregiously wrong” and say it imposes on constitutional protections of religious beliefs.
Some conservative justices, including Clarence Thomas and Samuel Alito, have previously suggested in dissent that the Obergefell decision warrants reconsideration.
Several state legislatures, including Idaho’s, have passed or introduced resolutions urging the Supreme Court to revisit the marriage equality ruling.
Despite these developments, most legal experts and lower courts view Davis’s appeal as unlikely to succeed, noting that precedent and prior rulings strongly uphold marriage equality.
Public opinion remains supportive of same-sex marriage, with national approval rising from 60% in 2015 to about 70% in 2025, though support among Republicans has declined in recent years.
And for more in-depth analysis, here is ABC News:
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.
ADVERTISEMENTKim 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.
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.”
Lower courts have dismissed Davis’ claims and most legal experts consider her bid a long shot. A federal appeals court panel concluded earlier this year that the former clerk “cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect.”
Davis, as the Rowan County Clerk in 2015, was the sole authority tasked with issuing marriage licenses on behalf of the government under state law.
“Not a single judge on the U.S. Court of Appeals showed any interest in Davis’s rehearing petition, and we are confident the Supreme Court will likewise agree that Davis’s arguments do not merit further attention,” said William Powell, attorney for David Ermold and David Moore, the now-married Kentucky couple that sued Davis for damages, in a statement to ABC News.



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