Supreme Court v. Gay Marriage: Jim Obergefell's Warning as Precedent Tested [View all]

Source: Newsweek

Published Nov 06, 2025 at 05:00 AM EST updated Nov 06, 2025 at 11:31 AM EST


Jim Obergefell, the lead plaintiff in the landmark 2015 Supreme Court ruling that guaranteed nationwide same-sex marriage rights, is "worried" and warns that the precedent his case established is now facing a "scary path."

The Supreme Court has scheduled a private conference for Friday to decide whether to hear a challenge brought by former Kentucky county clerk Kim Davis, which urges the Supreme Court to overturn Obergefell v. Hodges. Matthew Staver, attorney for Davis, told Newsweek last month that Obergefell "has no basis in the Constitution," saying the decade-old decision "could be overruled without affecting any other cases."

Although many legal analyst believe same-sex marriage rights are unlikely to be overturned, even by the conservative leaning Supreme Court, Obergefell told Newsweek in a Wednesday interview that he remains concerned. He pointed to the justices 2022 decision to overturn Roe v. Wade, which had guaranteed abortion access across the country for nearly 50 years.

"This court, to me, is far from normal, and that's what concerns me. We now have a Supreme Court that has shown it is willing to turn its back on precedent, which had always been a bedrock principle for the Supreme Court," he said.

Read more: https://www.newsweek.com/supreme-court-gay-marriage-jim-obergefell-warning-precedent-tested-10999490