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Kim Davis Asks Supreme Court to Overturn Same-Sex Marriage Ruling

Liberty Counsel contends the 2015 Obergefell decision relies on a flawed substantive due process theory that Dobbs rejected.

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Overview

  • Liberty Counsel filed a petition in July 2025 urging the Supreme Court to overturn Obergefell v. Hodges and return marriage licensing authority to the states.
  • The petition argues Obergefell was wrongly decided because it rests on the “legal fiction of substantive due process,” invoking Washington v. Glucksberg and last term’s Dobbs decision.
  • The Court has not yet granted certiorari, leaving the challenge active but unresolved.
  • Social media figures, including Sam Greisman, condemned Davis’s filing and highlighted her multiple divorces to question her stance on the sanctity of marriage.
  • Davis’s legal team dismissed the backlash as “childish,” pointed to her religious accommodation request and to the Court’s conservative dissenters as evidence that Obergefell could be overturned.