WINTER ISSUE: 2025:
December 19, 2025
The Promise of Gay Marriage Ends 2025
on a Stronger Note
Despite renewed legal and cultural attacks, marriage equality ends 2025 on steadier ground, buoyed by federal protections and the Supreme Court’s refusal to revisit Obergefell through Kim Davis’ latest challenge.
By Mike Broemmel
USE ARROWS TO MOVE THROUGH IMAGES
A decade after the United States Supreme Court handed down its seminal decision in Obergefell v. Hodges making same-sex marriage constitutional, a new wave of court and cultural backlash threatened to rewrite what love and liberty mean in the United States. On some level, this type of counterattack is not surprising and was expected, at least to some degree, when Congress enacted the Respect for Marriage Act (RFMA) in 2022. RFMA mandates federal recognition of same-sex marriage and requires states to recognize same-sex marriages performed in other states as valid, even if the Supreme Court should narrow or even overturn Obergefell. In other words, even if a full-frontal attack is made on Obergefell, an of sorts exists in the form of RFMA, at least in the moment.
What most SCOTUS watchers and constitutional scholars have always maintained was a weak case, Davis v. Ermold, and others, were on the SCOTUS docket this fall. The justices denied granting certiorari in a decision of the court issued on November 10, 2025. The case was brought from former Kentucky County Clerk Kim Davis who refused to issue marriage licenses to same-sex couples despite the ruling of the Court in Obergefell.
Image by Jose A. Navas, Creative Commons
Despite the SCOTUS decision requiring her to do so, Davis based her refusal to issue marriage licenses on an allegation that doing so violates her right to freedom of religious practice. She maintains same-sex marriage impugns the sanctity of marriage. Davis herself has been married four times to three different men, obtaining three divorces in the process.
Kim Davis, who became the current Crusader Against Marriage Equality, landed before the nation’s highest court seeking relief from lower court decisions against her. These are cases involving people seeking marriage licenses who faced unconstitutional denials from Davis and won damages against her in their respective lawsuits. She sought to have these judgments against her set aside. While her case didn’t directly challenge the efficacy of Obergefell, her case could have given the conservatives on the Court a platform to narrow the case that established marriage equality.
In the end, at least some of the conservatives on the high court joined the trio of liberals to bring this case to an ignominious end. The denial of certiorari was issued by the court without comment from any of the justices. Additionally, no information was made public about which justices made the decision not to bring this case before the court for full proceedings.
Image: Public Domain, Creative Commons
What is The Future of Obergefell? Is There any Chance Marriage Equality will be Overturned?
As mentioned previously, the chances of overturning Obergefell during the current SCOTUS term broadly was deemed unlikely. The Davis case simply didn’t squarely present the question of whether same-sex marriage rights should be cancelled in the United States.
With the fact that at least two conservative justices voted against taking on the Davis case, there is a reasonable possibility that a future judicial challenge to marriage equality might also be “dead on arrival” at the Supreme Court’s front door. It fairly can be said that this represents a meaningful bright spot in a year otherwise awash in assaults on the rights on the LGBTQ+ community.
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About the author
Writing and journalism has been at the heart of Mike’s life after graduating from college with a degree in political science and journalism and beginning his career in the White House Office of Media Relations and Planning (and then in the Office of the First Lady). A primary focus of his work has been in the realm of political analysis and commentary. Mike is also a playwright with several productions addressing issues of equality, diversity, and inclusion that have been produced internationally.
Since 2004, METROMODE has been a beacon for the LGBTQIA+ community and our allies. We’re a publication built on quality, not only in our advertising clients but in the look, feel, and editorial pieces of each magazine. METROMODE speaks to the entire community with thoughtful analysis of local, national, and global events affecting our community; developments in business, finance, the economy, and real estate; interviews with emerging and seasoned artists, musicians, and writers; appealing new opportunities to enjoy Colorado’s rich culture and social atmosphere; quality aesthetic experiences from film, to food, to music, to art, to night life; and challenging social and political thought.
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