Davis, then an official in Kentucky, made headlines worldwide in 2015 for defying a court order and refusing to issue marriage licences to same-sex couples. She cited “God’s authority” and was briefly jailed for contempt of court.

She is now asking the Supreme Court not only to overturn her previous defeats in lower courts, but also to revisit the historic Obergefell v. Hodges ruling from 2015, which established the constitutional right to same-sex marriage across the United States.

Despite the legal challenge, public support remains strong. According to a Gallup poll from May 2024, 69 percent of Americans believe same-sex marriage should be legal. Support is highest among Democrats at 83 percent, independents at 74 percent, and lowest among Republicans at just 46 percent.

Earlier this year, the U.S. Court of Appeals for the 6th Circuit rejected Davis’ claim that her refusal was protected by religious freedom, ruling that she acted as a government official rather than a private citizen. A jury had previously awarded $50,000 in damages to the gay couple whose marriage licence was denied.

Within the Supreme Court, opinions appear divided. Clarence Thomas and Samuel Alito have argued that Obergefell went too far in expanding constitutional rights, while Amy Coney Barrett recently highlighted that millions of Americans have built their lives and legal status around same-sex marriage.

If the Court declines to hear the case, the earlier rulings against Davis will stand. That decision could be announced as soon as 10 November. Should the Court agree to hear the case, it would represent the most direct challenge to same-sex marriage rights since 2015, with potentially major consequences for LGBTQ+ rights in the United States.