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Kim Davis Petitions Supreme Court to Overturn Obergefell Decision

Her petition contends that the free-exercise clause shields her from liability for refusing same-sex marriage licenses, seeking to prompt a fall reconsideration of Obergefell.

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MOREHEAD, KY - SEPTEMBER 14: Rowan County clerk Kim Davis gives a statement about her intentions on applying her signature to same sex marriage licenses on her first day back to work, after being released from jail last week, at the Rowan County Courthouse September 14, 2015 in Morehead, Kentucky. Davis was jailed for disobeying a judges order for denying marriage licenses to gay couples on the basis of her religious faith. (Photo by Ty Wright/Getty Images)
GRAYSON, KY - SEPTEMBER 8: Rowan County Clerk of Courts Kim Davis waves to a crowd of her supporters at a rally in front of the Carter County Detention Center on September 8, 2015 in Grayson, Kentucky. Davis was ordered to jail last week for contempt of court after refusing a court order to issue marriage licenses to same-sex couples. (Photo by Ty Wright/Getty Images)

Overview

  • Davis filed a certiorari petition last month asking justices to overturn the 2015 Obergefell v. Hodges ruling and to recognize First Amendment immunity for her actions as county clerk.
  • The Supreme Court is slated to review her petition at its private conference this fall, with potential oral arguments next spring and a ruling by June 2026 if granted.
  • A Sixth Circuit panel earlier this year rejected her free-exercise defense, holding that she cannot claim individual religious immunity for state-mandated duties.
  • In 2025, at least nine state legislatures and multiple conservative organizations have introduced measures urging the Court to reverse the marriage-equality precedent.
  • Even if Obergefell were overturned, the 2022 Respect for Marriage Act would ensure federal and interstate recognition of existing same-sex marriages.