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Supreme Court Faces Test on same-sex marriage rights

The court has not yet decided whether to hear a case that could revisit Obergefell v Hodges and the future of same-sex marriage protections.

August 12, 2025 at 03:01 PM
blur Will Supreme Court Overturn Same-Sex Marriage? Here’s What To Know As SCOTUS Hasn’t Acted Yet

The court has been asked to revisit Obergefell but has not signaled whether it will hear the case.

Supreme Court Faces Test on same-sex marriage rights

Kim Davis, the former county clerk who became a symbol in the fight over same-sex marriage, filed a petition at the Supreme Court in July asking the court to overturn Obergefell v Hodges. The court has not acted, and the Davis petition is set for a conference on September 29, after which a decision on whether to hear the case could come later.

Key Takeaways

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The court has not decided to hear the case, despite a September conference date.
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Overturning Obergefell would not erase federal protections but could reshape recognition across states.
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The Respect for Marriage Act protects some rights even if Obergefell is overturned.
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There is no single majority view on revisiting same-sex marriage precedents.
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Public trust in the court is a major factor in how any ruling is received.
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Timing matters as any decision could stretch into 2026 and affect policy and politics.
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Davis's petition ties the case to religious liberty debates and broader legal battles over LGBTQ rights.

"Rights should not be up to the next term"

Editorial line on the pace of decisions

"The court must show restraint in a charged moment"

Commentary on timing amid political heat

"Public trust is fragile when rights feel like political football"

Observation on public perception

If the court chooses to take up the case, it would test how far the justices are willing to revise or overturn a landmark civil-rights ruling. Even with a conservative majority, there is no clear signal of agreement to overturn Obergefell, and past behavior shows the court often avoids high-stakes shifts. The potential path forward would hinge on how justices interpret precedent and the legal theory used to defend or critique the 2015 ruling.

Highlights

  • Rights should not be up to the next term
  • The court must show restraint in a charged moment
  • Public trust hinges on steady, principled rulings
  • A ruling would ripple across states and families

Political and public reaction risk

The case sits at the crossroads of civil rights, religious liberty, and state power. A potential overturn could trigger organized political backlash and legal challenges across states, affecting LGBTQ communities, religious groups, and national discourse.

The court’s next move will be watched not just by legal scholars but by families across the country.

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