Supreme court same sex marriage: New Petition, State Challenges & Future Outlook in 2025

Supreme court same sex marriage is at the center of a critical legal and cultural debate as of 2025. For the first time since 2015, the Court is facing a formal petition to overturn the landmark Obergefell v. Hodges decision that legalized same-sex marriage nationwide. Meanwhile, state lawmakers and advocacy groups are mobilizing to protect the institution—amid shifting legal terrain and renewed challenges across the country.

A New Challenge to a Landmark Ruling

On August 11, 2025, former Kentucky county clerk Kim Davis—who was jailed in 2015 for refusing to issue marriage licenses to same-sex couples—formally petitioned the U.S. Supreme Court to overturn Obergefell v. Hodges. Her petition hinges on claims that issuing marriage licenses infringed on her religious freedom under the First Amendment. Her legal team labels the 2015 ruling a “legal fiction,” sparking intense controversy.

This is the first time the Supreme Court has been asked to overturn its same-sex marriage decision since Obergefell was handed down. The petition follows closely on the tenth anniversary of that historic ruling, putting marriage equality squarely back under the judicial spotlight. While many legal experts anticipate the Court will decline the petition, the action shifts marriage equality into a renewed period of legal uncertainty.

State-Level Pushback and Legislative Action

Across the U.S., several states are amplifying their pressure on the Supreme Court:

**Idaho** — In January 2025, the state House passed a nonbinding resolution urging the high court to revisit the Obergefell ruling.
**Montana** — A similar resolution was introduced in early 2025 but failed in committee after a tied 4–4 Senate vote, signaling strong public support for marriage equality in a state where Attorney General and legislative testimony opposed reversing the ruling.
**Southern Baptist Convention** — At its 2025 convention, the SBC passed a nonbinding resolution calling for the repeal of the Obergefell decision, highlighting the growing divide between religious conservatives and LGBTQ advocates.

The Anniversary That Restarted the Discussion

June 26, 2025—ten years since the Supreme Court legalized same-sex marriage—is being marked by celebration and reflection across the country. Legal experts, advocacy groups, and families of same-sex couples are highlighting the societal impact of the ruling, while opponents use the anniversary to reignite challenges. The Respect for Marriage Act, passed in 2022, remains a legal backstop: it mandates federal and interstate recognition of same-sex and interracial marriages regardless of future court decisions.

What Is the Respect for Marriage Act?

Signed into law in December 2022, the Respect for Marriage Act (RFMA) ensures that marriage equality remains protected in federal law, even if the Supreme Court overturns Obergefell. It repeals the Defense of Marriage Act (DOMA) and compels states to recognize same-sex marriages performed elsewhere. Should the Court rule against Obergefell, RFMA provides a legislative shield—though not all hope for rights that US law demands acknowledgment of valid marriages forged in other states.

Legal Landscape and Public Opinion

Overturning Obergefell won’t erase the marriage rights already granted; the RFMA would preserve them. However, a reversal could empower states to cease issuing new licenses. According to Axios, 32 states have “trigger laws” or constitutional provisions that would automatically ban same-sex marriage should federal protections be overturned. Meanwhile, polling shows broad public support for marriage equality—Gallup reported 70% of Americans back marriage rights in 2025, up from 60% in 2015.

Regional Legislative Trends

States are at the vanguard of both protecting and challenging LGBTQ rights:

**Colorado** — In April 2025, Governor Jared Polis signed a law removing outdated statutory language banning same-sex marriage, reinforcing the state’s commitment to equality.
**State-level threats** — The ACLU has tracked hundreds of anti-LGBTQ bills in 2025 alone, targeting everything from marriage rights to youth protections—highlighting how state legislatures continue to play a pivotal role in the rights battle.

External Analysis

For an overview of how this newly filed petition impacts the elders of marriage equality and what’s at risk, check out this feature from ABC News: ABC News: Supreme Court formally asked to overturn landmark same-sex marriage ruling.

What to Watch Next

Key developments to monitor in the months ahead:

Will the Supreme Court accept Kim Davis’s petition for review this fall?
Could additional states table or vote on similar resolutions?
If the Supreme Court hears the case, when might a ruling arrive—potentially by mid-2026?
Can legislative champions expand RFMA-like protections further at the state or union level?

Why This Moment Is Critical

Marriage equality, once considered settled law, now faces renewed threats. The convergence of legal appeals, state resolutions, and religious lobbying makes 2025 a watershed year. How the Supreme Court responds—or doesn’t—could have long-term consequences for constitutional rights and civil liberties.