The Uncertain Future of Gay Marriage
Just ten short years ago, on January 16th, 2015, gay marriage was legalized in the United States. Just a few weeks ago, on July 24th, 2025, the Supreme Court was formally asked to overturn the landmark ruling of Obergefell v. Hodges, the law that makes same-sex marriage legal and nationally recognized.
This request was brought to the Supreme Court by former county clerk Kim Davis who is most notably known for her six day arrest back in 2015 after refusing to issue a marriage license to a gay couple on religious grounds. She claims the original 2015 Obergefell v. Hodges ruling was “egregiously wrong” and that “this mistake must be corrected.”
Davis’ appeal to the Supreme Court comes at a time where there is a rise in supporters for the renewing conservative campaign against marriage equality and rights for same-sex couples. Many of those who are a part of this campaign believe legal precedent should be reversed and policy decisions on this issue should be put into the hands of the states.
If policy decisions pertaining to this ruling were to go back to the states, same-sex couples could be facing a catastrophic loss. Before the 2015 ruling, 32 states had bans against same-sex marriages. As of right now, even with Obergefell v. Hodges still in place, many states with conservative lawmakers are creating legislation aimed at blocking or limiting rights for same-sex couples.
Obergefell v. Hodges is more than a law that makes same-sex marriage legal. Obergefell v. Hodges gives same-sex couples adoption rights, employment benefits, social security benefits as well as healthcare, the ability to be a spouse's next-of-kin for medical decision purposes, and so much more. It not only influences family law, but also property law insurance and taxes. If this ruling is overturned, same-sex couples could be left without the benefits opposite-sex couples are granted.
The case is set to be considered on September 29th of this year at the justice’s conference, meaning it may not even reach a hearing at the Supreme Court. If they decide to move the case to the Supreme Court, we will likely not know until October of this year at the earliest. Many legal experts believe it is highly unlikely the case will make it to the Supreme Court and even more unlikely that it will be overturned if it does.
Though there are justices on the Supreme Court who have made it very clear they hold beliefs agasint same-sex marriage. After the overturning of Roe v. Wade, Supreme Court Justice Clarence Thomas has been particularly outspoken about wanting to revisit Obergefell v. Hodges along with a few other significant rulings, including Lawrence v. Texas and Griswold v. Connecticut. Lawrence v. Texas protects the legal right to be in a same-sex romantic relationship and Griswold v. Connecticut established the right for married couples to use contraception.
While calling for the reconsideration of these three rulings he wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is ‘demonstrably erroneous’, we have a duty to ‘correct the error’ established in those precedents.”
Even if Obergefell v. Hodges is overturned, same-sex couples will still hold some legal marriage protections. Signed into law by former President Joe Biden in 2022, The Respect for Marriage Act requires states to recognize same-sex marriages. Though, unfortunately the act does not mean states legally have to give same-sex couples marriage licenses, it only makes all states recognize and honor same-sex marriages as legal if they were legally performed in the past while Obergefell v. Hodges was still standing or in states where it stays legal after the ruling has been overturned. This also means that if the ruling were to be overturned, same-sex couples that are/were legally married are not allowed to be denied civil benefits in all states.
