Recent Developments Regarding Obergefell v. Hodges

Morris Patrick III
Aug 13
4 min read

Updated: Sep 7

On August 11, 2025, former Kentucky county clerk Kim Davis submitted a petition asking the U.S. Supreme Court to overturn its landmark 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide (ABC News, Marie Claire UK). In her 90-page filing, Davis argues that the ruling conflicts with her First Amendment rights, describing Obergefell as a “legal fiction,” and insisting that marriage laws should be decided by states—not the federal government (EW).

The Court is expected to decide in the upcoming fall whether to hear the case, with the possibility that oral arguments could begin by spring 2026 and a ruling by June 2026 (EW).

Why Many Are Cautiously Hopeful

Despite the gravity of the petition, most LGBTQ+ advocates and legal experts doubt the Supreme Court will reopen marriage equality. They note:

The case is seen as a narrow legal maneuver, unlikely to succeed in retreading precedent (Axios).
A 2022 law—the Respect for Marriage Act (RFMA)—provides some protection for marriages already established under Obergefell, even if it were overturned (EW, Axios, and Marie Claire UK).
The Court would face a legal and societal minefield in dismantling decades-old protections and recognition of same-sex marriage (ABC News, Axios)

What RFMA (H.R. 8404) Actually Does—and What It Doesn’t

Introduced in July 2022 and signed into law on December 13, 2022, the Respect for Marriage Act (RFMA):

Repealed the Defense of Marriage Act (DOMA), which had previously prevented federal recognition of same-sex marriages and allowed states to refuse recognition.
Requires federal and state governments to recognize same-sex and interracial marriages, including those performed in other states or territories.
Codified protections from Obergefell, Windsor, and Loving v. Virginia.

However, the RFMA:

Does not require states—or federally recognized Native American tribes—to perform same-sex marriages if Obergefell were overturned.

Thus, while RFMA solidifies recognition, it stops short of guaranteeing ongoing access to performing same-sex marriages across the board.

Framing Your Blog Post

Here’s a potential structure and tone you could consider:

1. Catchy, Urgent Title

“Marriage Equality at Risk Again? The Supreme Court Wants Answers”
“Why Your Marriage Is in Limbo (Even If RFMA Exists)”

2. Lead with the News Hook

Start by summarizing Davis’s petition to SCOTUS and explain why this is the first formal legal challenge to Obergefell since 2015 (ABC News, Marie Claire UK)

3. Explain RFMA

Highlight that although the Respect for Marriage Act offers some protection—it doesn’t fully guarantee the right to perform or obtain same-sex marriages in all circumstances.

4. Raise the Stakes

Explain the potential fallout:

If SCOTUS overturns Obergefell, some states may start refusing to issue marriage licenses.
RFMA might protect existing marriages, but not necessarily new ones in every jurisdiction.

5. Legal and Social Context

Describe how most observers doubt the Court will proceed with this case Axios.
Still, the political and legal climate has shifted, raising concerns.
Mention that public support remains strong—a 2024 Gallup poll shows over two-thirds support same‑sex marriage (Them).

6. Personal Appeal

Encourage readers to stay informed, contact lawmakers, and understand how the RFMA does—and does not—protect them.
Emphasize that vigilance is key, especially in a time when landmark civil rights decisions are being revisited.

Summary Table

Issue	Details
SCOTUS Petition	Kim Davis wants to overturn Obergefell v. Hodges (2015)
RFMA (H.R. 8404)	Protects recognition of same-sex marriages, repeals DOMA (2022)
RFMA Limitations	Does not force states/tribes to perform new same-sex marriages
Outlook	Most experts say SCOTUS likely won’t revisit Obergefell
Action point for readers	Stay informed and advocate for comprehensive rights beyond recognition

How Kim Davis’s 2025 Petition Differs From Her 2015 Case

In 2015, Kim Davis’s legal battle was about her personal refusal to issue marriage licenses after Obergefell v. Hodges. That case focused on whether a public official could cite religious beliefs to deny a government service. The courts ruled against her, reinforcing that public officials must comply with the law.

In 2025, her petition takes a much broader—and more dangerous—approach. Instead of just arguing about her own actions, she is:

Challenging the entire foundation of Obergefell, asking the Supreme Court to overturn it completely.
Claiming that the ruling itself is unconstitutional because it forces states to recognize and perform marriages against the will of voters or legislatures.
Attempting to reframe the issue as a states’ rights and First Amendment conflict rather than a question of individual compliance.

Why This Could Have a Bigger Impact

If the Court took her case and agreed with her, it could eliminate federal recognition of same-sex marriage as a constitutional right, returning the decision to individual states.
That would mean marriage equality could vanish in states with pre-existing bans or newly passed restrictions—even if the Respect for Marriage Act (RFMA) still requires recognition. States could refuse to issue licenses for new marriages.
This would set a precedent for undoing other civil rights protections by framing them as “state matters” or “religious conflicts.”

Contact Congress: Stand Up for Marriage Equality

The Respect for Marriage Act was a step forward, but it’s not enough. Without full federal protection for the right to marry—regardless of gender—our marriages remain vulnerable if the Supreme Court chooses to revisit Obergefell.

We cannot sit on the sidelines. Now is the time to tell Congress that marriage equality is non-negotiable. Demand that lawmakers:

Strengthen the RFMA to guarantee access to same-sex marriage in every state.
Enact constitutional protections so no court can strip away our rights.
Defend LGBTQ+ families from political and legal attacks.