Supreme Court Declines Case Challenging Marriage Equality
SCOTUS leaves same-sex marriage protections untouched after declining on November 10 to revisit its landmark 2015 ruling that legalized marriage equality nationwide. As a result, this decision keeps Obergefell v. Hodges firmly in place, preserving legal stability for hundreds of thousands of LGBTQ+ couples who have used the ruling to build families, secure essential protections, and formalize their commitments.
Meanwhile, the latest challenge came from Kim Davis, the former Kentucky county clerk who gained worldwide attention for declining to provide marriage licenses to same-sex couples despite the Supreme Court’s mandate. Davis, who cited her religious beliefs, hoped the Court would use her appeal as a vehicle to overturn marriage equality. However, the justices ultimately rejected the petition without comment, leaving the existing protections untouched.
Kim Davis’ Appeal Falls Flat
Davis’ legal battle began shortly after the Obergefell ruling, when she refused to issue marriage licenses to David Ermold and David Moore. Her refusal ignited nationwide controversy and ultimately led to a five-day jail sentence for contempt of court. As the case continued—and even as SCOTUS leaves same protections intact—Davis insisted in her latest appeal that the legal immunity typically granted to public officials shielded her from liability. However, lower courts rejected that argument, and a district judge ordered her to pay $100,000 in damages to the couple, along with $260,000 in attorneys’ fees.
A Case the Court Was Unlikely to Take
While Davis’s supporters framed her appeal as a major test of religious liberty and a direct challenge to marriage equality, legal experts were far more skeptical. Richard Garnett said the petition was minor and unclear, failing to raise broader constitutional questions.
“Despite the rhetoric surrounding the case,” Garnett explained, “there was never a realistic chance the Court would use this appeal to reconsider Obergefell.”
A Conservative Court but Limited Appetite for Revisiting Obergefell
Since the 2015 ruling, the Supreme Court has shifted to a 6–3 conservative majority. This ideological change has fueled speculation—especially after the reversal of Roe v. Wade in 2022—that marriage equality could become the next right placed in jeopardy. Justice Clarence Thomas himself wrote that the Court should “reconsider” rulings affecting contraception access, same-sex relationships, and same-sex marriage.
Even so, there has not been the same level of political or legal mobilization to overturn marriage equality as there was for abortion rights. Experts say public support has surged, with over 823,000 married same-sex couples nationwide today.
Advocates Applaud the Court’s Decision
Supporters of LGBTQ+ rights welcomed the Court’s choice to leave Obergefell undisturbed. Mary Bonauto, a top GLAD attorney and 2015 victory lawyer, emphasized the need for stability.
“There’s strong reason to deny review instead of disrupting something beneficial to families and society,” Bonauto said.
Lambda Legal CEO Kevin Jennings echoed that sentiment, calling Davis’ appeal “frivolous” but cautioning against complacency. “Our opponents are well-funded and determined,” he noted. “Now is not the time to let down our guard.”
Opponents Promise Continued Fight
On the other side, conservative legal groups vowed to continue their fight. Mat Staver argued the Court’s refusal was not the final word in the fight. Staver declared, “It is not a matter of IF but WHEN the Court will overturn Obergefell. Its days are numbered.”
Even as SCOTUS leaves same protections intact, the Court shows no interest in revisiting marriage equality. For now, the legal landscape stays steady, reassuring LGBTQ+ couples who fear losing hard-won rights.