The Supreme Court turned down the decision to revisit the landmark same-sex marriage case, Obergefell v. Hodges, on Nov. 10.
The petition was filed by Kim Davis, a former Kentucky county clerk who gained national traction when she defied a court order and refused to issue a same-sex marriage license in 2015. She claimed the refusal was based on her religious beliefs.
Davis had requested the Supreme Court to reverse an order they made requiring her to pay more than $300,000 to a couple that was denied a same-sex marriage license, and to overturn the ruling that legalized same-sex marriage in 2015.
The petition would have required four of the nine Supreme Court justices to vote to hear the case and reconsider same-sex marriage.
“If ever there was a case of exceptional importance, 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,” Davis argued in her petition before the court.
The legality of same-sex marriage has been under fire since the Obergefell decision, with many states pushing toward limited marriage laws this year. In Justice Clarence Thomas’ concurring opinion in the case that overturned Roe v. Wade, he outwardly advocated for the court to reconsider stances on same-sex marriage, birth control, and same-sex intimacy.
Same-sex marriage would still be protected at the federal level if the Supreme Court did overturn the decision. In 2022, Former President Joe Biden signed the Respect for Marriage Act into law, recognizing the legitimacy of same-sex and interracial marriages. If Obergefell were overturned, however, individual states could refuse to recognize same-sex couples.
Despite the fact that the constitutionality of same-sex marriage has been reaffirmed for the time being, many LGBTQ+ Americans remain concerned. Since Obergefell, there are now over 800,000 same-sex marriages in the U.S., with nearly 300,000 children being raised by same-sex couples.
According to a Gallup study, over two-thirds of Americans support same-sex marriage as of June 2025. However, Republican support has dropped drastically over the past three years. Many conservative lawmakers have taken strides outside of Davis’ case to limit same-sex marriage on a state-by-state basis.
On Oct. 24, the Supreme Court of Texas passed language that allows judges to refuse to conduct same-sex weddings based on religious beliefs. This summer, the Southern Baptist Convention, the nation’s largest Protestant denomination, voted that the reversal of Obergefell was a main priority.
Organizations like Lambda Legal and the Human Rights Campaign have pledged to defend LGBTQ+ Americans and have extended resources and legal information regarding marriage protections following Davis’ petition.
The Supreme Court’s refusal to revisit Obergefell v. Hodges ultimately leaves marriage equality intact, but the controversy surrounding Davis’s petition underscores the tenuous nature of LGBTQ+ rights in the current political climate. While federal protections remain in place and public support for same-sex marriage continues to hold strong, mounting legislative efforts in several states signal that the debate is far from settled. As advocacy organizations prepare for continued legal battles, the Court’s decision serves as both a temporary reassurance and a reminder that the future of marriage equality in America will depend not only on judicial rulings but also on ongoing political engagement and public vigilance.