In Other Words • Commentary
The campaign to overrule Obergefell

By Ronald Collins
Jun 8, 2026


A view of the U.S. Supreme Court Building on June 20, 2022 in Washington, DC.
(Anna Moneymaker/Getty Images)

Supporters of same-sex marriage breathed a sigh of relief when the Roberts court denied review last year in Davis v. Ermold, a case in which a county clerk in Kentucky, Kimberly Jean Davis, challenged Obergefell v. Hodges, the court’s 2015 decision recognizing a constitutional right to same-sex marriage. Davis’ hope was that a “religious conscience” challenge to the issuance of same-sex marriage licenses might prevail. That hope was bolstered when Justice Anthony Kennedy stepped down in 2018 and was replaced by Justice Brett Kavanaugh – all of this while Davis’ case was working its way through the federal district and appellate courts. Perhaps, Davis thought, a more conservative court would revisit its landmark 5-4 ruling. But it was not to be; Obergefell was safe.

As we come upon its anniversary, I’d like to use my first recurring column to explore the status of that landmark case, and the challenges I believe it may continue to face.

The futile petition

It’s an old maxim: “Hard cases make for bad law.” With Davis, the maxim might well be: “Bad cases make for no law.” And, regardless of where one stands on the underlying issues, Davis’ case was a very bad one.

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