Kim Davis’s Cert Petition to the Supreme Court

The Supreme Court is considering whether it will take a case about marriage equality.

Here's what you need to know:

Has the Supreme Court agreed to consider overturning Obergefell, the Court's landmark marriage equality case?

No!

Kim Davis-a former county clerk who refused marriage licenses to same-sex couples-has asked the Court to overturn Obergefell. The Court still has not accepted Davis's request to hear the case and decide the issue.

How does the Court decide whether to hear a case?

The Supreme Court gets to decide which cases it hears. A party unhappy with the result of a lower court decision can file a "cert petition" asking the Supreme Court to review the case. The Court chooses whether to grant the cert petition.

For the Court to grant cert, four of the nine Justices must agree to accept a case.

How likely is it that the Court will grant Davis's cert petition?

The Supreme Court receives 7,000-8,000 petitions each year. It agrees to hear only about 1%-roughly 80 cases per year.

Kim Davis' case is extremely narrow, and her arguments have already been rejected by the Sixth Circuit Court of Appeals more than once.

People from all walks of life and across the political spectrum support or have a live-and-let-live approach to marriage equality and want to focus on other issues.

There's good reason for the Supreme Court to deny review in this case rather than unsettle something so positive for couples, children, families, and the larger society as marriage equality.

What's the status of Davis's case?

Davis filed a cert petition on July 24, 2025, asking the Court, among other things, to reconsider Obergefell. Lawyers on the other side filed a response explaining why Davis's case is substantively weak and improperly presented.

Now what?

Now we wait.

The Justices will first consider whether to grant Davis's cert petition at their private conference on Friday, November 7. It has been the Court's general practice, however, to consider a case at a minimum of two private conferences before granting a petition.

Should we expect the Court to take further action this year?

It is likely that we won't know for days or weeks after November 7 whether the Court will hear Davis's case. The court might consider the case at several successive conferences for various reasons.

GLAD Law will share information as soon as we hear what the Court decides to do.

What can we do?

GLAD Law is prepared to defend marriage equality no matter what happens. Our marriage team is already on it.

When it comes to LGBTQ+ people's dignity, humanity, and equality, GLAD Law is there for you, and we need you with us.

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Visit our resources for information about additional steps you can take to protect your family.