Same-Sex Marriage Turnback 'Possible But Unlikely', Legal Experts Say

Published: Saturday, August 16, 2025 at 9:00 am

Supreme Court Asked to Revisit Same-Sex Marriage Ruling

Ten years after the landmark *Obergefell v. Hodges* decision legalized same-sex marriage nationwide, the Supreme Court is facing a petition that could potentially overturn the ruling. The case stems from Kim Davis, a former county clerk who refused to issue marriage licenses to same-sex couples due to her religious beliefs. Davis argues that *Obergefell* was wrongly decided and that her actions were protected under the First Amendment.

Legal experts are divided on the likelihood of the Supreme Court revisiting the issue. While some, like Mathew Staver, believe the Court could overturn *Obergefell*, others consider it unlikely. Several experts point to the widespread acceptance of marriage equality in American society and the potential disruption that overturning the ruling would cause.

The Supreme Court is not obligated to hear the case. It typically selects only a small percentage of petitions, often those involving significant constitutional questions or conflicts among lower courts. For the Court to hear Davis's case, at least four justices must agree to grant certiorari.

If the Court were to overturn *Obergefell*, it could lead to a patchwork of states where same-sex marriage is legal in some places but banned in others. The Respect for Marriage Act would still require states to recognize marriages performed elsewhere. However, the legal landscape would become more complex, potentially creating challenges for same-sex couples.

The experts consulted also discussed the legal and moral factors that could influence the Court's decision. Some believe the case's procedural posture is not ideal for reconsidering *Obergefell*. Others highlight the importance of reliance interests, noting that hundreds of thousands of couples have relied on the ruling in arranging their lives.

BNN's Perspective:

While the Supreme Court's potential involvement in this case raises important questions about religious freedom and the rights of same-sex couples, it is unlikely that the Court will overturn *Obergefell*. The legal and societal landscape has shifted significantly since the original ruling, and overturning it would create considerable uncertainty and legal challenges. The Court should consider the potential disruption to families and the broad public support for marriage equality before making any decisions.

Keywords: same-sex marriage, Obergefell v. Hodges, Kim Davis, Supreme Court, First Amendment, religious freedom, marriage equality, Respect for Marriage Act, legal experts, constitutional law, certiorari, legal precedent

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