Understanding the Case: Will Gay Marriage Be Overturned in the US?
In 2015, the U.S. Supreme Court’s landmark decision in Obergefell v. Hodges legalized same-sex marriage nationwide, granting LGBTQ+ couples equal marriage rights in all 50 states. Since then, same-sex marriage has become an integral part of American life, with over 800,000 same-sex married couples in the country as of 2025. However, the question of whether these rights remain fully secure has resurfaced, as former Kentucky county clerk Kim Davis has petitioned the Supreme Court to overturn the ruling.
Kim Davis, who gained notoriety in 2015 for refusing to issue marriage licenses to same-sex couples on religious grounds, filed an appeal in July 2025 regarding the compensation she was ordered to pay a gay couple she denied. Her legal team argues that the Obergefell decision was “egregiously wrong” and seeks to have it overturned.
How Likely Is It That Gay Marriage Will Be Overturned in the US?
While the Supreme Court has a conservative supermajority, legal experts caution that overturning Obergefell v. Hodges is still unlikely. In addition, the Respect for Marriage Act, signed into law by President Joe Biden in 2022, provides federal protections, requiring all states to recognize legally performed same-sex marriages regardless of state laws.
Conservative justices such as Clarence Thomas and Samuel Alito have suggested that Obergefell could be revisited, citing concerns about religious liberty, but there is no clear indication that a majority of the Court would vote to overturn the ruling. Even if the Court chooses to review the case, oral arguments likely wouldn’t occur until late 2025 or early 2026, with a decision expected by mid-2026 at the earliest.
Should People Be Worried About Gay Marriage Being Overturned in the US?
Should Americans be worried? It depends on perspective. Many legal experts believe that same-sex marriage is unlikely to be fully overturned, especially given federal legislation like the Respect for Marriage Act, which ensures nationwide recognition of existing unions.
However, if Obergefell were overturned, states could once again decide whether to allow same-sex marriages. This could lead to a patchwork of state laws, with conservative states potentially banning new same-sex marriages while still recognizing unions legally performed in other states. Couples already married would likely retain federal protections, but new marriages might be restricted in certain areas.
What to Do If Gay Marriage Is Overturned in the US
In the unlikely event that the Supreme Court overturns Obergefell v. Hodges, couples can take steps to protect their rights:
1. Stay Informed on Legal Developments
Keep up-to-date with Supreme Court rulings and any state-level legislation affecting marriage equality.
2. Protect Your Marriage Documentation
Secure all marriage certificates and legal documents.
3. Consider Marriage in States That Protect Same-Sex Marriage
Couples planning to marry may want to do so in states with strong legal protections to ensure recognition under federal law.
4. Seek Legal Advice
Consult lawyers familiar with LGBTQ+ rights to understand how federal protections like the Respect for Marriage Act apply to your situation.
5. Advocate and Engage
Supporting advocacy organizations and participating in the political process helps safeguard marriage equality for the future.
Conclusion: Will Gay Marriage Be Overturned in the US?
While questions about the future of same-sex marriage in the United States are valid, current evidence suggests that a full overturn of Obergefell v. Hodges is unlikely. Federal protections remain in place, and existing marriages are secure. However, vigilance is necessary, especially in states with laws that could attempt to restrict marriage equality. Couples and allies should stay informed, be proactive, and understand their rights under federal law.
The key takeaway: while the possibility exists, legal and legislative safeguards make a nationwide rollback improbable, but preparation and awareness are always wise.
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