A Christian nonprofit and legal group has formally called on the United States Supreme Court to review a key case that played a role in the legalization of same-sex marriage in the United States, which the group intends to use as a basis for reversing the Obergefell v. Hodges Supreme Court decision that made same-sex marriage legal across the country.
For background, Liberty Counsel, a Christian ministry and legal nonprofit, has been fiercely advocating for Kim Davis, a Kentucky county clerk who refused to issue marriage licenses to same-sex couples based on her Christian faith. On July 24, 2025, Liberty Counsel filed a petition with the Supreme Court asking for Davis’s case to be reviewed after she was jailed and fined $100,000 for refusing to issue the licenses.
The petition, signed by multiple lawyers from Liberty Counsel, described Davis as “the first individual who was thrown in jail post-Obergefell for seeking accommodation for her religious beliefs,” adding that “If ever a case deserved review,” it would be hers.
Furthermore, in a statement announcing the petition, Matthew Staver, Liberty Counsel’s founder, described Davis as having been “the first victim jailed, sued, and held personally liable post-Obergefell for her sincerely held religious beliefs on marriage.” He went on, “Believing marriage as a union between one man and one woman, Davis ceased issuing any marriage licenses while she sought an accommodation for her religious beliefs.”
Additionally, Staver defended Davis for her decision to refuse to issue licenses, saying, “As the clerk of Rowan County, Kentucky, Davis had no authority to issue marriage licenses to same-sex couples without specific direction from the state statutes. And doing so would violate her religious beliefs.” Staver added, ” That very afternoon, Democrat Kentucky Governor Steve Beshear sent a letter to all county clerks declaring they must issue marriage certificates to same-sex couples.”
Then, Staver accused Gov. Besehear of “effectively ordering Kentucky clerks to break clearly established Kentucky law that marriage was between one man and one woman, and that clerks were only authorized to issue marriage licenses in strict compliance with state law.” He clarified, “The Kentucky Senate President sided with Davis and made clear that every action pertaining to marriage is highly regulated by the state.”
Moreover, Staver has described the Obergfell vs. Hodges decision as being on “very shaky ground,” adding, “It’s not a matter of, in my opinion, if it will eventually be overturned, but when it’ll be overturned.” However, Micah Schwartzman, a University of Virginia Law School professor, said of Liberty Counsel’s efforts to overturn Obergfell, “That case is going nowhere, as best I can tell.”
In addition, Staver said that the previous overturning of Roe v. Wade in 2022 left Obergfell in a “weak” position, saying, “With all of these things — the overruling of Roe, the composition of the court the way it is now … I have a good feeling about the possibility that the court would take this case.”
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