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Supreme Court Petition on Obergefell Fuels Ohio Drive to Repeal Same-Sex Marriage Ban

The Respect for Marriage Act keeps same-sex marriages recognized nationwide regardless of state licensing rules.

Brooke, left, and Emillie Friedman on their wedding day on Oct. 12, 2024 in Missouri.
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Overview

  • Former Kentucky clerk Kim Davis petitioned the Supreme Court to overturn Obergefell v. Hodges and to erase roughly $360,000 in damages and fees stemming from her 2015 refusal to issue marriage licenses, arguing First Amendment protection.
  • The Court has not said whether it will hear the case, which is the first formal bid since 2015 to ask the justices to reconsider nationwide marriage equality.
  • Ohio Equal Rights is gathering signatures for a 2026 ballot measure to repeal the state's unenforceable same-sex marriage ban, needing 10% of the last gubernatorial turnout across at least 44 counties after the Ballot Board split marriage and anti-discrimination proposals into separate amendments.
  • Political reactions intensified as Hillary Clinton urged LGBTQ+ couples to consider marrying and predicted the Court could return the issue to states, while Liberty Counsel called the 2015 ruling "egregious" and pressed for reversal.
  • Legal experts cited in coverage describe a full reversal as a long shot; even without Obergefell, federal law requires interstate and federal recognition of same-sex marriages, and Davis’s filing asserts existing marriages would be grandfathered.