At the time, Davis was ordered to pay $100,000 in damages and $260,000 in legal fees. In her petition to the Supreme Court, she invokes the right to freedom of religion under the First Amendment, arguing that the 2015 Obergefell v. Hodges ruling, which legalised same-sex marriage nationwide, was “seriously wrong” and should be reviewed. Her lawyer calls the ruling “legal fiction” and wants the court to “correct this mistake.”

It is the first time since 2015 that the court has been formally asked to overturn Obergefell. Legally, Davis is considered one of the few people with standing to challenge the case. However, many experts consider her chances slim: lower courts have already rejected her appeals, and it is unclear whether a majority of the nine justices are willing to reopen the matter.

The timing of Davis’ request coincides with a broader conservative push to return decisions on same-sex marriage to state level, similar to how abortion rights (Roe v. Wade) were overturned in 2022. In the first half of 2025, at least nine states have introduced laws or resolutions aimed at undermining Obergefell. The Southern Baptist Convention also recently passed a resolution declaring the reversal of same-sex marriage a priority.

Opinion polls show that same-sex marriage remains popular in the US, with 70% of Americans in favour, although that figure has stagnated since 2020 and support among Republicans is falling. 

Should the Supreme Court ultimately overturn Obergefell, decisions on equal marriage rights would return to individual states. Existing marriages would remain valid under the 2022 Respect for Marriage Act, which guarantees federal and state recognition of already performed marriages.

The court, currently with a 6–3 conservative majority, will decide in the coming months whether to hear Davis’ case. If so, arguments are expected in spring 2026, with a ruling in the summer of that year.