What Supreme Court case decided that same-sex marriage was legal in all states? SCOTUS may reportedly consider appeal to overturn past ruling

The Supreme Court is reportedly considering whether to hear a new case challenging the 2015 ruling (Obergefell v. Hodges), which decided that same-sex marriage was legal in all states.

According to multiple outlets, the Supreme Court's discussions on Friday, November 7, were private and could reveal by Monday whether they will take up the case, which involves Kim Davis, who served as clerk in Rowan County, Kentucky.

The Supreme Court has been formally asked to overturn its landmark same-sex marriage ruling.

Kim Davis, who was jailed for six days for refusing to issue a marriage license to a gay couple, has filed an appeal in her case. pic.twitter.com/C73TER3CG0

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Davis, in 2015, refused to issue a marriage license to a same-sex couple named David Ermold and David Moore, citing religious belief and was briefly jailed to deny the court's order. According to USA Today, she was also ordered to pay the gay couple $100,000.

She appealed that decision, arguing that her religious belief should protect her from liability under the First Amendment. However, her argument was rejected by the U.S. Court of Appeals for the Sixth Circuit in March 2025, according to The Guardian.

"When an official’s discharge of her duties according to her conscience violates the constitutional rights of citizens, the constitution must win out. The Bill of Rights would serve little purpose if it could be freely ignored whenever an official’s conscience so dictates," the judges wrote.

She has now petitioned the court to overturn the Obergefell v. Hodges decision and is appealing a $360,000 judgment against her.

"Anything less would leave the First Amendment’s promises hollow to those who agree to public service and are sued for exercising their religious beliefs during that time," her brief, mentioned by The Guardian, declared.

Her legal team is reportedly leaning on previous comments made by conservative Supreme Court Justices, primarily Justice Clarence Thomas, Chief Justice John Roberts and Justice Samuel Alito.

Alito, who initially criticised the legalisation of same-sex marriage, later clarified his remarks at an event organised by the C. Boyden Grey Centre for the Study of the Administrative State on October 3.

"I am not suggesting that the decision in that case should be overruled. I have to state that so that what I say today is not misunderstood."

"The Supreme Court is reviewing her request": Expert opinion on the Supreme Court's upcoming decision

Dwayne Steward, executive director of the nonprofit Equality Ohio, stated that it is a routine for the Supreme Court to review such appeals, like Kim Davis' case, noting that thousands of petitions are submitted each year, but only a small number are accepted for full review

"The Supreme Court is reviewing her request, just like the thousands of requests that are submitted to the Supreme Court, you know, a small number of which make it through," Steward said, according to a report by SpectrumNews.

The statement continued:

"This process is not out of the ordinary, but this moment is very disappointing, and it's causing a lot of very dangerous rhetoric, even though this case has a slim chance of moving forward."

Stay tuned for more updates.