Will the Supreme Court Overturn Same Sex Marriage?

Liberty Counsel’s Kim Davis case may change this decade-old decision.

This Thursday will mark 10 years since “five lawyers” on the U.S. Supreme Court divorced “marriage” from natural law and fabricated a constitutional “right" through an opinion that invented same sex “marriage” nationwide.

A decade later, society bears the consequences of this opinion that is ripe to be overturned. Much like Roe v. Wade, which was struck down after nearly 50 years, the 10-year-old Obergefell v. Hodges opinion is on shaky legal footing for the same reason: There is no basis for same sex “marriage” in the U.S. Constitution.

Now, Liberty Counsel is petitioning the Supreme Court to hear Kim Davis’ case, which underscores why the High Court should overturn Obergefell v. Hodges as it threatens the religious liberty of Americans who believe marriage is a sacred union between one man and one woman.

Fund the fight to OVERTURN OBERGEFELL and have your impact DOUBLED by a Challenge Grant!

Every Household at Risk

Not only is this so-called “right” to same sex “marriage” a legal fiction, but it also puts every household at risk. Same sex “marriage,” by nature, is incompatible with the family and damns children by permanently depriving them of the right to both their mother and father.

Chief Justice John Roberts wrote in his dissent:

This universal definition of marriage as the union of a man and a woman is no historical coincidence. Marriage did not come about as a result of a political movement, discovery, disease, war, religious doctrine, or any other moving force of world history—and certainly not as a result of a prehistoric decision to exclude gays and lesbians. It arose in the nature of things to meet a vital need: ensuring that children are conceived by a mother and father committed to raising them in the stable conditions of a lifelong relationship. 

The union of a man and a woman in marriage — as it has existed for millennia — is for family formation and the raising of children. Thus, same sex “marriage” puts the family, which is the bedrock of society, at risk. 

The Obergefell opinion is a social experiment that has gone horribly wrong. One need look no further than the onslaught of “pride” month with obscene displays in the presence of children, the predation toward children by “Drag Queens” and coerced indoctrination in public schools, males invading female sports and private spaces, and the never-ending LGBTQIA+ alphabet of perversions to see how this movement was never just about same sex “marriage.” 

Katy Faust, founder and president of Them Before Us, a global children’s rights nonprofit, writes that “children have paid the highest price” as a result of the same sex “marriage” ruling that eroded a child’s right to his or her mother and father.

The intentionally motherless or fatherless children in same sex “marriage” homes are being forced to grow up without the love and protection of one of their parents — a mom or a dad — both of whom offer the complementary and necessary roles essential for a child’s development.

There is no question that children do best when raised by both a mother and a father. Same sex “marriage” not only permanently excludes a mother or a father from the child’s life, but by its very nature, same sex unions distort the view of the missing gender. This is far different than single parenting, which remains open to the absent gender and does not cast a negative spin on the absent gender.

Same sex unions are a double whammy for children by eliminating one gender and thereby imposing a negative view of the absent gender on the child.

When it comes to raising children, gender matters. It should come as no surprise that within a marriage between one man and one woman, as God designed it, is the environment in which children and families naturally thrive. Veering from natural law and replacing it with perversion will inevitably result in chaos, disorder, and harm.

Ripe for Overturn

At this point, it’s not a matter of if but when Obergefell will be overturned. In the words of Chief Justice Roberts in his dissent, “the majority’s decision is an act of will, not legal judgment” and “the right it announces has no basis in the Constitution or this Court’s precedent.”

Our client, Rowan County, Kentucky, Clerk Kim Davis was the first victim of Obergefell and went to prison for six days after she refused to give “marriage” licenses to same sex couples while she waited to receive a religious accommodation from the state. Liberty Counsel has represented Kim since 2015 when she was victimized for acting in accordance with her religious convictions, and she now personally faces hundreds of thousands of dollars in fees because of acting in line with her Christian faith.  

As Chief Justice Roberts noted, the “freedom to exercise religion is—unlike the right imagined by the majority— actually spelled out in the Constitution.” 

In bringing Kim's case to the U.S. Supreme Court, we are asking the High Court to do two things: affirm religious freedom for all people and correct the Obergefell mistake by overruling the 2015 opinion.

Obergefell does damage to the Constitution and to society, of which the family is the bedrock. For the benefit of families, as well as for the integrity of the Constitution, the sooner this opinion is overturned, the better.

Help us win this case by financially supporting our legal fund. Every donation made today will be DOUBLED in impact by a special Challenge Grant.

Finally, please pray for Kim, her family, and our legal team.

Mat Staver
Founder and Chairman
Liberty Counsel

Sources:

Faust, Katy. “A Decade of Disaster for Children.” Them before Us, March 21, 2025. Thembeforeus.com/a-decade-of-disaster-for-children/.

“Obergefell v. Hodges, 576 U.S. 644 (2015).” Justia Law. Accessed June 12, 2025. Supreme.justia.com/cases/federal/us/576/644/.