Ten years ago today, the U.S. Supreme Court released a 5-4 opinion that unconstitutionally invented same sex “marriage” and imposed it on all the states. The opinion wrongfully overturned numerous state laws — including voter-passed state constitutional initiatives that affirmed marriage to be between one man and one woman.

But the current Supreme Court, which has expressed a penchant for interpreting the Constitution as America’s founders intended, has signaled it may be ready to overturn the disastrous Obergefell opinion. 

Our case defending Kim Davis, the Kentucky county clerk who refused to violate her conscience, is poised to overturn Obergefell. Liberty Counsel will soon be filing a legal petition with the U.S. Supreme Court to review her case. As a result of this abuse of power, Kim spent six days in prison and now personally faces a judgment of over 360,000 dollars. Obergefell created this mess, and now the High Court must fix it.

Fund the fight to overturn same sex “marriage” and a Challenge Grant will DOUBLE the impact of your donation.

The Obergefell opinion was predicated on the same flawed legal reasoning as Roe v. Wade — “substantive due process.”

In Roe, the High Court found that “any substantive due process decision is demonstrably erroneous,” and therefore overturned the so-called “right” to abortion that FIVE lawyers invented and imposed on the nation.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” wrote Justice Thomas in the Court’s Dobbs decision that overturned Roe.

“[W]e have a duty to “correct the error” established in those precedents,” Justice Thomas continued.

Chief Justice John Roberts agrees that the 2015 Court erred in imposing same sex “marriage” on the country.

In his 2015 dissent to Obergefell, Roberts declared that “five lawyers” invented a right that upends centuries of law and objective reality from nearly every corner of the planet, and they unconstitutionally superseded states’ rights.

Chief Justice Roberts noted, “Under the Constitution, judges have power to say what the law is, not what it should be.” Yet the “five lawyers,” the Chief Justice wrote, “enacted their own vision of marriage as a matter of constitutional law.”

“The majority’s decision is an act of will, not legal judgment,” Roberts wrote. “The right it announces has no basis in the Constitution or this Court’s precedent.”

Liberty Counsel agrees. Now we are asking the U.S. Supreme Court to FIX the problem FIVE lawyers created in 2015.

Fund the fight to OVERTURN OBERGEFELL!

“SS marriage” losing support

According to a new poll by Gallup, Republican support for same sex “marriage” has plummeted 14% to the lowest numbers since 2016, shortly after the Obergefell opinion was announced.

People — including some Christian conservatives — used to say we would never overturn Roe v. Wade. But Liberty Counsel REFUSED to give up the fight. I have always believed that Roe would be overturned in my lifetime. That belief was confirmed when the Dobbs decision cited Liberty Counsel’s brief in overturning Roe.

I believe Obergefell will also be overturned in my lifetime. And Kim Davis' case may just be the one to do it.

Please be in prayer for Kim and her family. The crazed left is once again making vile threats against this humble born-again Christian. Pray also for our attorneys and staff as we prepare this case. Pray for the current Supreme Court Justices that they may undo the great wrong that was done in Obergefell. And finally, pray for those trapped in a lifestyle our Heavenly Father long ago condemned.

We need your direct financial help to win this case. We’ve defended Kim Davis for 10 long years, and a battle at the U.S. Supreme Court is incredibly expensive. Please help us win this fight once and for all by supporting our legal fund today, and a generous Challenge Grant will DOUBLE the impact of your donation.

Mat Staver
Founder and Chairman
Liberty Counsel

Sources:

Brenan, Megan. “Record Party Divide 10 Years after Same-Sex Marriage Ruling.” Gallup, May 29, 2025. News.gallup.com/poll/691139/record-party-divide-years-sex-marriage-ruling.aspx.

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

Rahman, Khaleda. “What Clarence Thomas Has Said About Same-Sex Marriage Ruling.” Newsweek, February 26, 2025. Newsweek.com/clarence-thomas-said-same-sex-marriage-supreme-court-obergefell-2025174.‌