Supreme Court Considers Case That Could Overturn Same-Sex Marriage Ruling

Supreme Court, Unsplash

In a move few predicted, the U.S. Supreme Court is considering whether to hear a case directly asking them to overturn Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage nationwide. 

Kim Davis, the former Kentucky county clerk who spent six days in jail in 2015 for refusing to issue a marriage license to a same-sex couple based on her religious beliefs, is appealing a $100,000 jury verdict for emotional damages, plus an additional $260,000 in attorney fees. 

In 2015, the U.S. Supreme Court ruled that same-sex couples are entitled to the same constitutional protections and recognition that heterosexual couples receive. The majority argued under the Fourteenth Amendment that “liberty” included marriages the framers of the amendment had not expressly mentioned at the time. 

Opponents of the decision have long argued that such an interpretation goes beyond the intent of those who authored the Fourteenth Amendment, contending that redefining marriage to include same-sex couples stretches constitutional language far past its original meaning. 

The Legal Challenge and Opposition

If the Supreme Court decides to take up the case, the central question will be whether Obergefell v. Hodges, and the legal doctrine of substantive due process, should be overturned. 

In the Petition for Writ of Certiorari, Davis’s defense states, in part:
“Davis possesses a sincerely held religious belief that marriage is a union between one man and one woman. Davis could not affix her name to a marriage of same-sex couples because it violates her core religious beliefs. In her sincere belief, the endorsement of her name and authorization equates to approval and agreement. Following the Mandate, Davis discontinued issuing any and all marriage licenses.” 

Critics say Davis’s case lacks the legal weight to justify review by the Court. According to ABC News, William Powell, the attorney representing the same-sex couple who sued Davis, stated, “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.” While that could turn out to be true, that is not stopping Davis and her lawyer from fighting for what she believes it true and right. 

Marriage, States’ Rights, and Changing Public Opinion

Before the Fourteenth Amendment was interpreted to apply to marriage, the issue was left to the states under the Tenth Amendment, which says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, if the Constitution does not assign a power to the federal government and does not forbid the states from exercising it, that power remains with the states. 

Prior to the Obergefell decision, 35 states defined marriage as between one man and one woman. Only eight states had legalized same-sex marriage. The current makeup on the Supreme Court today could alter how the justices view precedent on this issue. 

Throughout American history, marriage between a man and a woman has been recognized as the fundamental political and social unit of society. Without that union, human reproduction cannot occur, and no society can sustain itself. In 2015, the Court set aside centuries of legal precedent to establish a new standard that redefined marriage.  

Public opinion on same-sex marriage may also be shifting. A recent Gallup poll shows that support peaked between 2022 and 2023 at around 71%. Among Republicans, support reached its highest level in 2022 at 55% but has since fallen to 41%, a 14-point drop in just three years. 

With this decline, future state laws on marriage could change if the Court overturns Obergefell. Even without such a ruling, voters can petition their state legislatures to challenge federal authority on the matter, sparking renewed national debate. 

What’s at Stake for Christians and Families

If Christians want to restore values they believe have been abandoned, defending the biblical definition of marriage is an important place to start. Strong families are vital to a civil society, and American law historically recognized and protected that truth. 

Ultimately, it would take only five justices to reverse the 2015 decision and return the matter to the states. Until then, believers can take active roles—educating their communities, advocating at the state level, and praying for leaders—to strengthen the family unit as the cornerstone of society. 

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