Since the 2024 election, our office has been receiving an increased number of calls and emails from concerned clients. Many are inquiring about the latest developments in the Kim Davis case, the former Kentucky county clerk who refused to issue marriage licenses to same-sex couples, and whether the Supreme Court might overturn Obergefell v. Hodges. This landmark 2015 decision established marriage equality nationwide.
The fear is understandable. The legal and political landscape surrounding LGBTQ+ rights has undergone significant shifts in recent years, with certain Supreme Court opinions signaling a willingness to revisit key precedents. Understandably, families want to know what they can do now to safeguard their legal rights, relationships, and children if the protections provided by Obergefell are rolled back.
Below, we’ll walk through:
- What the Kim Davis case is and why it matters now.
- The current legal climate and the risk to Obergefell.
- Practical, concrete steps you can take today to protect your family.
- What could happen if Obergefell were overturned – and what that means for existing marriages.
Kim Davis Marriage License Case: Why It Matters for Same-Sex Couples in 2025
Kim Davis made national headlines in 2015 when, as a county clerk in Kentucky, she refused to issue marriage licenses to same-sex couples following the Supreme Court’s Obergefell ruling. Davis argued that issuing such licenses would violate her religious beliefs.
Several couples sued Davis, leading to a lengthy series of legal battles. Over the years, the Supreme Court has been asked to take up aspects of her case more than once. The Court has previously declined to hear one appeal, but in the process, some justices have used the opportunity to express their disagreement with Obergefell publicly.
That public dissent – and the recent submission of yet another related case – has reignited concerns about whether marriage equality could be in jeopardy.
Will the Supreme Court Overturn Obergefell v. Hodges? Legal Risks for LGBTQ+ Families
While there’s no guarantee that the Supreme Court will take up the latest Kim Davis case, there are clear signals that some justices would welcome the opportunity to revisit the decision.
- October 2020: In denying a writ of certiorari in one of Davis’ earlier cases, Justices Clarence Thomas and Samuel Alito issued a written statement criticizing Obergefell. They argued that the ruling “bypassed” democratic processes and infringed upon religious liberty.
- June 2022 – The Dobbs Decision: In the ruling that overturned Roe v. Wade, Justice Thomas issued a concurring opinion explicitly naming Griswold v. Connecticut (contraception rights), Lawrence v. Texas (same-sex intimacy rights), and Obergefell v. Hodges as decisions that were “erroneous” and should be reconsidered.
Here is part of his exact language:
“For that reason, in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell… we have a duty to correct the error established in those precedents.”
While no case has yet been scheduled that directly challenges Obergefell, these statements suggest that the legal foundation for marriage equality is far from untouchable.
4 Legal Steps to Protect Same-Sex Marriage Rights Right Now
Regardless of whether Obergefell is overturned, taking proactive legal steps now can provide significant protection for your family’s rights and security. Our strongest recommendation is to act before any legal changes occur.
1. Second-Parent Adoption for Same-Sex Parents
Second-parent adoption is critical. Even if your name is on the child’s birth certificate, that alone may not guarantee full parental rights in every state – and specifically, in Texas, appearing on the birth certificate is not dispositive of parental rights. Adoption creates a court order – recognized nationwide – giving you the same parental rights and responsibilities as the birth parent. This “full faith and credit” can be crucial if you move, travel, or face custody disputes.
2. Estate Planning for LGBTQ+ Families
A comprehensive estate plan ensures that your spouse and children remain protected, no matter what legal changes occur. At a minimum, you should have:
- Last Will and Testament – Directs where your assets go, names an executor, provides for a guardian of minor children should both parents pass away, and provides testamentary trust provisions for managing inheritance to the extent you direct.
- Statutory Durable Power of Attorney – Allows someone you trust (often your spouse) to manage your finances.
- Medical Power of Attorney – Grants an agent the authority to make healthcare decisions on your behalf if you’re incapacitated.
- Directive to Physicians (Living Will) – States your preferences for end-of-life care.
- HIPAA Authorization – Ensures medical providers can share information with your spouse or other designated people.
3. Updating Beneficiaries on Bank, Investment, and Insurance Accounts
Review your bank accounts, investment portfolios, and life insurance policies to confirm your spouse is listed as the primary beneficiary. Generally speaking, beneficiary designations take precedence over a will, meaning these need to be accurate and up-to-date to avoid disputes.
4. Securing Certified Marriage Licenses and Birth Certificates
Official documentation can be essential for proving family relationships, especially if laws shift. If you don’t have certified copies, request them now from the county or state vital records office. Store these documents in a safe but accessible place.
What Overturning Obergefell Could Mean for Existing Same-Sex Marriages
If the Court were to rule that same-sex marriage is no longer a constitutionally protected right, the immediate impact might not be as simple as “all marriages are invalid.”
Here are some possible scenarios:
- Existing Marriages Could Remain Valid: The Court could rule in a way that preserves marriages that were legal when entered.
- State Action Could Be Required to Invalidate Marriages: Even if Obergefell were overturned, states would likely need to pass legislation or take specific legal action to end existing marriages—a process that would be both legally and logistically complex.
- Patchwork Recognition: Some states may continue to recognize same-sex marriages, while others will not, creating complications for couples moving between states.
While an immediate mass invalidation of marriages is unlikely, the loss of nationwide recognition could create uncertainty, particularly in matters involving interstate legal issues, parental rights, and healthcare decisions.
Why Taking Legal Action Now Protects Your Family’s Future
The best time to secure your family’s legal protections is before any changes occur. Court decisions can be swift, and legislative responses can be unpredictable. By finalizing adoptions, updating estate plans, and organizing documentation now, you are creating multiple layers of protection that will stand, even if federal marriage equality is rolled back.
We understand these conversations can be unsettling. However, taking action now not only safeguards your family legally but also provides peace of mind.
Final Thoughts on Protecting LGBTQ+ Families in an Uncertain Legal Climate
While no one can predict with certainty what the Supreme Court will do, recent statements from certain justices have made it clear that Obergefell is not beyond challenge. Whether the Kim Davis case becomes the vehicle for that challenge or another case emerges, the possibility is real enough that preparation is wise.
Families who take proactive legal steps now will be in a stronger position, regardless of how the legal landscape shifts. Protecting your parental rights, estate, and spousal benefits today is the surest way to ensure that, whatever happens in the courts, your family remains secure tomorrow.
If you need pricing for a second-parent adoption or comprehensive estate planning, or if you’re unsure where to start, we’re here to help. Your family’s stability and peace of mind are worth protecting – now more than ever.
