Kim Davis asks Supreme Court to reverse same decade-old sex-marriage ruling

By 
 August 11, 2025

Just over a decade ago, America's highest judicial body ruled in Obergefell v Hodges that there is a constitutional right to same sex-marriage.

While that decision was celebrated by former President Barack Obama, one woman is seeking to have it reversed. 

Former Rowan County Clerk has filed a writ of certiorari

As ABC News noted, former Rowan County Clerk Kim Davis was jailed for six days in 2015 after she refused to provide a marriage license to a gay couple on religious grounds.

She was also sued, which resulted in a jury awarded $100,000 damages to the plaintiffs along with $260,000 worth of attorneys fees.

However, Davis filed a writ of certiorari with the Supreme Court last month that the 14th Amendment's religious freedom protections render that judgement void.

What's more, the former Kentucky public official contends that using the amendment's due process guarantee to justify the holding in Obergefell was "egregiously wrong."

Attorney describes Obergefell as a work of  "legal fiction"

Davis is being represented by Mathew Staver, who previously served as dean of Liberty University School of Law and is currently the chair of Liberty Counsel.

"The mistake must be corrected," Staver wrote in the petition before decrying former Justice Anthony Kennedy's majority opinion in Obergefell as a work of  "legal fiction."

"If there ever was a case of exceptional importance, the first individual in the Republic's history who was jailed for following her religious convictions regarding the historic definition of marriage, this should be it," he continued.

ABC News pointed out how this is the first time that the Supreme Court has been asked to overturn Obergefell while Davis is one of the few individuals who may have standing to make such a request.

Poll shows slight decline in support for gay marriage

Lawyer William Powell represented the plaintiffs in Obergefell, and he expressed skepticism regarding the prospect of it being reversed.

"Not a single judge on the U.S. Court of Appeals showed any interest in Davis's rehearing petition, and we are confident the Supreme Court will likewise agree that Davis's arguments do not merit further attention," he told ABC News.

ABC News legal analyst Sarah Isgur voiced a similar perspective, saying, "Justices Brett Kavanaugh and Amy Coney Barrett seem wildly uninterested. Maybe Justice Neil Gorsuch, too."

Polling data published by Gallup earlier this year shows that support for same sex marriage has declined slightly in recent years, falling from a high of 71% in 2022 to 68% as of May.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson