• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
Catholic Review

Catholic Review

Inspiring the Archdiocese of Baltimore

Menu
  • Home
  • News
        • Local News
        • World News
        • Vatican News
        • Obituaries
        • Featured Video
        • En Español
        • Sports News
        • Official Clergy Assignments
        • Schools News
  • Commentary
        • Contributors
          • Question Corner
          • George Weigel
          • Elizabeth Scalia
          • Michael R. Heinlein
          • Effie Caldarola
          • Guest Commentary
        • CR Columnists
          • Archbishop William E. Lori
          • Rita Buettner
          • Christopher Gunty
          • George Matysek Jr.
          • Mark Viviano
          • Father Joseph Breighner
          • Father Collin Poston
          • Robyn Barberry
          • Hanael Bianchi
          • Amen Columns
  • Entertainment
        • Events
        • Movie & Television Reviews
        • Arts & Culture
        • Books
        • Recipes
  • About Us
        • Contact Us
        • Our History
        • Meet Our Staff
        • Photos to own
        • Books/CDs/Prayer Cards
        • CR Media platforms
        • Electronic Edition
  • Advertising
  • Shop
        • Purchase Photos
        • Books/CDs/Prayer Cards
        • Magazine Subscriptions
        • Archdiocesan Directory
  • CR Radio
        • CR Radio
        • Protagonistas de Fe
  • News Tips
  • Subscribe
Supporters of traditional marriage between a man and a woman rally in front of the U.S. Supreme Court in Washington June 26, 2015, shortly before the justices handed down a 5-4 ruling that states must license same-sex marriages and must recognize same-sex marriages performed in other states. (CNS photo/Joshua Roberts, Reuters)

Petition filed at Supreme Court seeks overturn of landmark same-sex marriage ruling

August 12, 2025
By Kate Scanlon
OSV News
Filed Under: Feature, Marriage & Family Life, News, Supreme Court, World News

WASHINGTON (OSV News) — About a decade after the Supreme Court issued its landmark ruling in Obergefell v. Hodges, overturning state laws defining marriage as the union of a man and a woman, the justices have been directly asked to overturn the ruling that legalized same-sex marriage nationwide. The justices will have to decide whether or not to take up the case in the fall.

Kim Davis, the former Kentucky county clerk who sparked a national controversy in the wake of that ruling in 2015 when she declined to issue a marriage license to a same-sex couple on religious grounds, sought to appeal a federal jury’s decision that she should pay $100,000 in damages — and $260,000 for attorneys fees — to the couple.

Supporters of same-sex marriage celebrate outside the U.S. Supreme Court building in Washington June 26 after the justices ruled in a 5-4 decision that the U.S. Constitution gives same-sex couples the right to marry. Ten years after the Supreme Court overturned state laws upholding marriage as the union of a man and a woman and prohibiting same-sex marriage, in the fall of 2025 the justices will consider taking up a case asking them to overturn the landmark decision. (OSV News photo/Jim Bourg, Reuters)

In a petition for writ of certiorari filed in July, Davis and her attorneys argued the First Amendment should protect Davis from personal liability for denying marriage licenses, since the suit was filed in her personal rather than official capacity.

“The case actually raises two questions, one: the First Amendment Defense for Kim Davis, based on the free exercise of religion, and two, that Obergefell should be reconsidered and overturned,” Mathew Staver, founder and chairman of Liberty Counsel, the firm representing Davis, told OSV News. He expressed optimism about the court considering the case.

However, Rick Garnett, a professor of law at the University of Notre Dame in Indiana, told OSV News, “It is very unlikely that the Court is going to review a jury’s damages verdict in a case with these facts.”

“Among other things, it is not the case that the First Amendment’s religious-liberty guarantees authorize or protect the actions taken by Ms. Davis,” he said.

Since the Obergefell ruling was issued, Gallup polling has found that support for same-sex marriage among U.S. adults has increased from 58 percent in 2015 to 68 percent in 2025.

Gallup, however, found that among those who attend church services weekly only 33 percent said they believed same-sex marriage should be valid and 24 percent held that “gay/lesbian relations are morally acceptable.”

Regarding marriage, the Catholic Church teaches the sacrament of matrimony can only take place between one woman and one man as “a permanent union of persons capable of knowing and loving each other and God” ordered to “the good of the spouses” and the gift of children. At the same time, the church stresses that those experiencing same-sex attraction, like Christians in every state of life, are called to live chastely through prayer and sacramental grace, drawing on “the virtues of self-mastery that teach them inner freedom” as they pursue holiness.

Davis was jailed for several days in 2015 for her refusal to issue marriage licenses to same-sex couples, but was released after her staff did so on her behalf and without her name on the forms. The Kentucky Legislature later enacted a law removing the names of all county clerks from marriage licenses issued by the commonwealth.

Staver argued Davis has unique standing to challenge the Obergefell ruling, calling her a “victim” of it.

“It’s because of Obergefell, when it came down, that she asked for an accommodation to have her name removed (from marriage licenses),” Staver said. “When that accommodation wasn’t granted, then she faced a federal lawsuit by the plaintiffs, and then was put in prison for six days, and now she has a judgment against her personally for exercising or requesting to have her religious beliefs accommodated, so she clearly has been injured by Obergefell.”

In the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned the court’s previous abortion precedent, Justice Clarence Thomas filed a concurrence in that case, in which he argued the justices should “reconsider all of this Court’s substantive due process precedents,” including Obergefell, an argument Davis’ petition cited.

Notre Dame’s Garnett, however, doubted the high court would take the case.

“Even if it were the case that a majority of the justices were interested in finding a vehicle for revisiting Obergefell, it is very unlikely that any of them would think that this particular case is a good vehicle for doing so.”

“There are a number of complicated legal questions — separate from the correctness of Obergefell — in play, that the justices, and their clerks, will think make the case a bad vehicle,” he said.

If the Obergefell ruling were to be overturned in the future, it would not render void existing marriage licenses under the 2022 Respect for Marriage Act. That law requires the federal government to guarantee recognition of existing same-sex and interracial marriages regardless of any changes in law.

This story was updated at 3:50 p.m.

Read More Supreme Court

New coalition aims to end capital punishment as executions increase but public support wanes

Supreme Court weighs appeal from New Jersey faith-based pregnancy centers

Supreme Court declines Kim Davis case seeking to overturn same-sex marriage ruling

Supreme Court sides with Trump administration to temporarily block full funding for SNAP

Economists express concern about the poor as Supreme Court weighs Trump’s tariffs

Wisconsin religious exemption upheld for Catholic Charities now back in court

Copyright © 2025 OSV News

Print Print

Primary Sidebar

Kate Scanlon

Click here to view all posts from this author

For the latest news delivered twice a week via email or text message, sign up to receive our free enewsletter.

| MOST POPULAR |

  • Archbishop Lori announces clergy appointments, including pastor assignment and retirement

  • Pope Leo accepts resignation of Bishop Mulvey of Corpus Christi; names Bishop Avilés as successor

  • Catholic filmmaker investigates UFO mysteries at the Vatican

  • Papal commission votes against ordaining women deacons

  • Faith and nature shape young explorers at Monsignor O’Dwyer Retreat House

| Latest Local News |

Faith and nature shape young explorers at Monsignor O’Dwyer Retreat House

Artist helps transform blight to beauty throughout Baltimore area 

Radio Interview: Advent and St. Nicholas

Archbishop Lori announces clergy appointments, including pastor assignment and retirement

Calvert Hall holds off Loyola Blakefield to claim a 28-24 victory in the 105th Turkey Bowl

| Latest World News |

Holy See at UN calls for end to Russia’s war in Ukraine ‘right now’

Military archbishop urges respect for rule of law after follow-up strike on alleged drug boat

God chooses to come into world where humanity groans, South Sudanese bishop says

Papal commission votes against ordaining women deacons

Churches, temples become emergency camps in cyclone-hit Sri Lanka

| Catholic Review Radio |

Footer

Our Vision

Real Life. Real Faith. 

Catholic Review Media communicates the Gospel and its impact on people’s lives in the Archdiocese of Baltimore and beyond.

Our Mission

Catholic Review Media provides intergenerational communications that inform, teach, inspire and engage Catholics and all of good will in the mission of Christ through diverse forms of media.

Contact

Catholic Review
320 Cathedral Street
Baltimore, MD 21201
443-524-3150
mail@CatholicReview.org

 

Social Media

  • Facebook
  • Instagram
  • Twitter
  • YouTube

Recent

  • Holy See at UN calls for end to Russia’s war in Ukraine ‘right now’
  • Military archbishop urges respect for rule of law after follow-up strike on alleged drug boat
  • God chooses to come into world where humanity groans, South Sudanese bishop says
  • Papal commission votes against ordaining women deacons
  • Churches, temples become emergency camps in cyclone-hit Sri Lanka
  • Faith and nature shape young explorers at Monsignor O’Dwyer Retreat House
  • A match made by heaven
  • Four steps for Christian discipleship in Advent
  • New coalition aims to end capital punishment as executions increase but public support wanes

Search

Membership

Catholic Media Assocation

Maryland-Delaware-DC Press Association

The Associated Church Press

© 2025 CATHOLIC REVIEW MEDIA, ALL RIGHTS RESERVED