The US Supreme Court is revisiting the Obergefell v. Hodges case from 2015. On June 26, 2015, Same-sex marriage became legally recognized under the Fourteenth Amendment. Lead plaintiff Jim Obergefell began fighting for the right to marry his husband, John Arthur, on July 19, 2013, eight days after their wedding. 

Jim Obergefell and John Arthur were wed in a medical jet flying from Cincinnati, Ohio, to Baltimore-Washington International Airport. Soon after, they were informed that in their home state of Ohio, they were not recognized as legally married. 

At the time, Arthur was battling ALS, and Obergefell understood that without fighting back, he would not be recognized on Arthur’s death certificate. With this in mind, his fight began.

In 2015, Obergefell’s case reached the Supreme Court, and the renowned Obergefell v. Hodges court case caught the eyes of millions worldwide. Fourteen same-sex couples were presenting their cases with Obergefell as the lead plaintiff. Chief Justice John G. Roberts gave his dissent, claiming judges have no say. Constitutionally, the Fourteenth Amendment states that all marriages are to receive due process and equal protection, both of which are mentioned explicitly in the Fourteenth Amendment. It was because of the Fourteenth Amendment that, on June 26, 2015, same-sex marriage was deemed legal nationally with a court ruling of 5-4.

According to USA Facts, same-sex marriage household rates rose by 27.0% by the end of 2015. According to CBS News, 123,000 same-sex marriages took place in the year following the 2015 court case.

In 2022, the Respect for Marriage Act was passed under the Biden Administration with bipartisan support. The Respect for Marriage Act included past landmark Supreme Court cases Loving v. Virginia, United States v. Windsor, and Obergefell v. Hodges. Due to the overturning of Roe v. Wade earlier that year, LGBTQ+ individuals recognized the threats to their rights as well. The Respect for Marriage Act was established to create a federal law fortifying the resolutions of Obergefell v. Hodges against future nullifications.

In Sept. of 2015, former Kentucky County Clerk Kim Davis was jailed for six days after not allowing any personnel at the Rowan County Clerk’s office to sign same-sex marriage licenses.  She claimed it contradicted her religion. She was also sued by multiple same-sex couples. As a result, she hired lawyers financed by her attorney, Mathew D. Staver, President of Liberty Counsel, to have the courts excuse her liability and fines. However, her actions were in opposition to the rulings of Obergefell v. Hodges. Despite lower court rulings against her, she continued to appeal her case. On Nov. 7, 2025, Davis and lawyers from Liberty Counsel will present her case to the highest court in the nation. Presiding over the case that has already been decided is Chief Justice John G. Roberts. 

In a May 2025 poll from Gallup News, 68% of Americans believe same-sex marriage should be treated with the same rights as traditional marriages. Additionally, the Democratic Party’s support has reached a record high of 88% whereas the republican party’s support has dropped to a record low of 41%.

Within the Supreme Court, there are nine justices. Six out of the nine justices were appointed by Republican presidents, including Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Chief Justice John G. Roberts. Thomas, Alito and Roberts were on staff at the 2015 hearing and voted in dissent to Obergefell. They believed the decision should’ve been contained to the states. With the majority of justices leaning conservative, the case will be more likely to be accepted. 

If the court case is accepted, there are a multitude of possible outcomes. In an opinion article from Politico, Kimberley Wehle believes there are 5 reasons the Supreme Court will overturn its same-sex marriage rulings. The fact that Republicans have the majority vote could lead to a new outcome, as it differs from the 2015 court. Roberts claims that the right to marry is not mentioned in the Constitution; therefore, the decision should go to the states. Due to the overturning of Roe v. Wade and its historical changes, Obergefell v. Hodges could be overturned. Past rulings in Kennedy v. Bremerton School District and Carson v. Makin sided with religious expression and therefore support plaintiff Kim Davis. Lastly, based on the outcome of Dobbs, it proves that the Supreme Court Justices are not afraid to overturn previously settled rulings.

If Obergefell v. Hodges is overturned, the decision would go to the states. This would cause more division throughout the nation and, depending on the states’ votes, strip same-sex couples of their constitutional right to marry.