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Clinton Predicts Obergefell Threat as Kim Davis Petition Fuels State Push to Protect Marriage

Legal experts say the justices are unlikely to grant review in the Davis case.

Brooke, left, and Emillie Friedman on their wedding day on Oct. 12, 2024 in Missouri.
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Pam Yorksmith, who was among the plaintiffs in the Obergefell v. Hodges Supreme Court case that legalized same-sex marriage nationwide, carries her child in the 2015 Cincinnati Pride Parade.
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Overview

  • Hillary Clinton forecast that the Supreme Court will return same-sex marriage to the states and urged unmarried couples to consider marrying, framing it as her prediction rather than a certainty.
  • Former Kentucky clerk Kim Davis asked the Court on July 24 to overturn Obergefell and to vacate roughly $360,000 in damages and fees tied to her refusal to issue licenses in 2015.
  • The Supreme Court has not agreed to hear the case, and multiple legal analysts characterize the bid to revisit Obergefell through this petition as a long shot.
  • Ohio Equal Rights and allied lawmakers are advancing 2026 ballot measures to repeal the state’s same-sex marriage ban and add anti-discrimination protections after the ballot board split the proposals into two.
  • Even if Obergefell were reversed, the Respect for Marriage Act would require federal and interstate recognition of same-sex marriages performed where legal, though states could again control licensing, and support for marriage equality remains high with more than 823,000 married same-sex couples nationwide.