Former Kentucky county clerk Kim Davis petitions US Supreme Court to overturn same-sex marriage ruling

Ten years after the historic Obergefell v. Hodges ruling legalised same-sex marriage across the United States, Kim Davis, the former Kentucky county clerk who gained notoriety for refusing to issue marriage licences to gay couples, has petitioned the Supreme Court to overturn the decision.

Davis, who was briefly jailed in 2015 for contempt of court after defying a federal order to comply with the ruling, argues that her religious convictions should have shielded her from liability. Her appeal comes in response to a $360,000 judgment against her for damages and legal fees awarded to David Ermold and David Moore, a couple she denied a licence,

In her petition, Davis calls the Obergefell decision “egregiously wrong” and a “legal fiction,” asserting that it infringes upon her First Amendment rights to free speech and religious freedom. Her legal team, backed by the conservative Liberty Counsel, contends that the ruling stripped her of government immunity and left her vulnerable to personal litigation.

The Supreme Court has not yet decided whether it will hear the case. If accepted, oral arguments could be scheduled for spring 2026, with a decision expected by June. Legal experts, however, suggest the case is a long shot. Lower courts have consistently rejected Davis’ claims, and her petition failed to gain traction among appellate judges.

This legal challenge arrives amid a broader conservative push to revisit marriage equality. In 2025, nine states have introduced legislation or resolutions aimed at curtailing same-sex marriage rights, and the Southern Baptist Convention has made overturning Obergefell a top priority.

Despite these efforts, public support for same-sex marriage remains strong. Gallup polling indicates that 70% of Americans favour marriage equality, although support among Republican voters has declined to 41%.

Even if the Supreme Court were to overturn Obergefell, existing marriages would remain valid under the 2022 Respect for Marriage Act, which mandates federal and state recognition of same-sex and interracial marriages performed legally in any state.