The Supreme Court’s recent declinations of an appeal turned down an opportunity to challenge the national legalization of same-sex marriage.
Kim Davis, the former clerk of Rowan County in Kentucky, was faced with hundreds of dollars in fees for refusing to issue marriage licenses to same-sex couples, claiming that it violated her religious beliefs. She appealed to the Supreme Court in July 2025 in hopes of being relieved of these charges.
She, like many other conservatives, was also hoping the Supreme Court would overturn Obergefell v. Hodges, which nationally legalized same-sex marriage in 2015.
To the dismay of Davis, the court rejected the appeal on Nov. 10.
“I think it’s good that they refused to hear the case for our family,” said Gavin Moynahan, a local father and husband to Mike Hofer.
It has now been over 10 years since the Supreme Court ruled that same-sex couples are guaranteed the fundamental right to marry, and since then, the number of same-sex married couples has more than doubled.
Public reaction
Davis’s appeal is part of a larger trend of conservative officials speaking out against the Obergefell v. Hodges decision to legalize same-sex marriage nationwide.
Numerous conservative state legislatures, including those in Idaho, Michigan, Montana, South Dakota, and North Dakota, have introduced resolutions and legislation opposing Obergefell v. Hodges and calling for it to be reconsidered or overturned.
“We hoped the Supreme Court would accept this case to consider on its merits, but we will press on with other cases,” said John Eidsmoe, senior counsel of the Foundation for Moral Law.
Supreme Court Justices John Roberts, Clarence Thomas, and Samuel Alito have all dissented from the Obergefell v. Hodges decision. Justice Clarence Thomas has most openly dissented from the decision, claiming that it was unconstitutional.
Chief Justice Roberts supports Justice Thomas, arguing that the question of same-sex marriage should be left up to state legislatures.
“We agree with Chief Justice Roberts, who said the case had nothing to do with the Constitution,” Eidsmoe said.
The majority of the Supreme Court, however, still has either no comment on reopening the decision or is against it.
Meanwhile, many liberal officials continue to support Obergefell v. Hodges. General support for same-sex couples has also remained consistently high among liberals, according to the Public Religion Research Institute.
Support for the LGBTQ+ community is also particularly high among the younger generation. According to Statista, people under the age of 18 are more likely than any other group to think same-sex marriage should be recognized by the law.
Younger people, however, may not be as innately concerned with marriage laws as older generations.
“So many people are not getting married now until their thirties, so I don’t really know how much young people think about it,” Moynahan said.
Despite this, many younger Americans still have their own opinions on same-sex marriage.
“Same-sex couples have their own free will to do what they want, even if other people don’t agree,” Reagan Simon, a sophomore at Carlmont, said.
Divided perspectives
The majority of Americans support the legalization of same-sex marriage, according to the Pew Research Center. However, roughly 19% of Americans still strongly oppose it.
“God, not the state, established marriage and defined it in Genesis 1-2 as one man and one woman,” Eidsmoe said.
Many of those who oppose same-sex marriage, just like Davis and Eidsmoe, do it for religious reasons.
According to the National Institutes of Health (NIH), conservative ideologies and prejudice play a role in a person’s decision not to support same-sex marriage.
On the other hand, the most common arguments for supporting same-sex marriage are wanting to decrease discrimination and prejudice against the LGBTQ+ community, according to Britannica.
Despite the majority of Americans continuing to support same-sex marriage, the topic is still a major cause of division between the Democratic and Republican political parties. According to Gallup, there is a 47% gap between Democratic and Republican support of same-sex marriage.
The future
Although the Supreme Court refused to hear Davis’s appeal, some remain concerned for the future of the Obergefell v. Hodges decision.
“Although I am encouraged that the Supreme Court denied hearing the case, I can’t help but think that there may be something in the future that sways the Court otherwise because of its current makeup,” Hofer said.
The Supreme Court’s decision to overturn Roe v. Wade in 2022 adds to this uncertainty.
For now, same-sex marriage remains legalized nationwide.
“Because America is a place of freedom, I think same-sex couples should have the opportunity of marriage,” Simon said.
