This week, the Southern Baptist Convention (SBC) passed a resolution urging the Supreme Court to overturn Obergefell v. Hodges, the 2015 case that invented a so-called “right” to same-s x “marriage” out of thin air.

The SBC’s timing is perfect because this month is the 10th anniversary of Obergefell and Liberty Counsel is preparing the Kim Davis case for U.S. Supreme Court review. We will ask the High Court to overturn the Obergefell opinion that created this mess. We will file with the High Court very soon!

At least three sitting Supreme Court Justices (which includes Chief Justice Roberts) expressly wrote that the Obergefell opinion has no basis in the Constitution, meaning we have an excellent chance of overturning the case! 

OVERTURN OBERGEFELL! Fund our next Supreme Court case and have your impact DOUBLED by a special Challenge Grant.

In his 2015 Obergefell dissent, Justice Alito warned that Obergefell “will be used to vilify Americans who are unwilling to assent to the new orthodoxy.” Ten years after the Obergefell decision was delivered, Kim Davis’ case proves Alito’s warning was right.

Kim Davis was the first victim of Obergefell. When the Obergefell opinion was released in 2015, Kentuckians had passed an amendment to their Constitution affirming marriage as between one man and one woman. As a Kentucky county clerk, Kim could not legally issue marriage licenses until and unless the Kentucky state legislature changed state law. The Senate president agreed that Kim could not issue a license until the legislature acted.

Furthermore, as a born-again Christian, Kim could not affix her name as the official seal on an action the Bible expressly prohibits. Kim stopped issuing any marriage licenses while she sought religious accommodation. Because Kim’s faith was known, she became a target of the LGBTQ agenda. Instead of providing reasonable accommodation by removing her name from the license, Kim was sent to jail for six days.

But even though the newly elected Republican governor and the Kentucky legislature unanimously affirmed Kim’s right to religious exemption, the plaintiffs wanted to make Kim an example because they despised her Christian faith. Based only on “hurt feelings,” one jury awarded 100,000 dollars against Kim personally while another jury found no basis for damages. Then the judge tacked on 260,000 dollars for attorney’s fees for a whopping 360,000 dollars against Kim because she would not relinquish her religious freedom rights.

Our case before the U.S. Supreme Court asks the High Court to overturn the judgment against Kim AND to overturn the Obergefell decision that created this mess.

We at Liberty Counsel are thrilled to have the Southern Baptist Convention in agreement with us on this issue. Sadly, many Christians are refusing to fight this culture war, claiming it cannot be won.

But I heard this exact same argument in relation to the Roe v. Wade abortion decision, which invented a “right” to abortion. I was convinced Roe would fall in my lifetime, and I am just as convinced that Obergefell will fall.

Just like Roe, the Obergefell decision was COMPLETELY unconstitutional — and Chief Justice John Roberts agrees.

Same-s x “marriage” makes no sense because it is essentially the abolition of gender. This is the root of the nonsense we see today.

Chief Justice John Roberts himself laid out the case against the Obergefell decision quite well in his dissent, declaring 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.

In his dissenting opinion, 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.”

As for the naysayers who didn't believe either Roe or Obergefell would be overturned, they should closely examine the careful legal precedent Justice Clarence Thomas laid out in the Dobbs decision that ended Roe.

Justice Thomas believes the exact same legal precedent that overturned Roe should also overturn Obergefell.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” wrote Justice Thomas. “Because any substantive due process decision is demonstrably erroneous.”

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

Liberty Counsel is fighting to reverse both errors created by that 2015 activist Court — robbing people of their religious freedom while subverting the law to invent a new constitutional right.

Justice Thomas is right. It is our DUTY to overturn the awful activist Court ruling in Obergefell.  Will you join us in this fight?

We need your direct financial help. We’ve defended Kim Davis for 10 long years, and a battle at the U.S. Supreme Court is no inexpensive matter. 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:

“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.