On June 15, 2015, the Supreme Court of the United States (SCOTUS) made history in holding that marriage equality if a fundamental right under our federal Constitution in the case Obergefell v. Hodges. It was historic and impactful. Prior to this decision, individual states define who qualified to enter into such a union.
Georgia, among several others, was a state that did not recognize same -sex marriage prior to Obergefell. In the ten years since the impactful decision, Georgia has not changed its constitution to reflect same-sex marriage, leaving the landmark case as the last word on the issue. The question of ratifying marriage equality at the state level has either innocently viewed as redundant or maliciously viewed as contrary to the goal of ultimately revoking the fundamental right.
Recently, Kim Davis of Kentucky, filed a Petition for a Writ of Certiorari asking the Supreme Court of the United States to review whether her first amended rights were unconstitutionally infringed upon by upholding same-sex marriage. Her filing directly attacked the holding in Obergefell and cited the narrow margin (5 to 4) by which the matter was decided as further justification to revisit the Supreme Court’s decision.
For months, many have held their breath waiting for the shoe to drop that SCOTUS would review the opinion and probably overturn it, given the changed makeup of the Supreme Court. While accepting Kim Davis’ petition to review the matter would not have guaranteed the Supreme Court would strip marriage equality back to state determination, many speculated the risk was high given the current Justices on the bench. The risk being that same-sex marriage would have the same fate as what reproductive rights faced with the 2022 Dobbs decision overturning Roe v Wade.
Couples across the Country, but particularly living in states like Georgia, questioned the legality of their relationships. What would happen to couples who married after Obergefell in states that did not ratify same-sex marriage? What would happen to couples married in ratified states but reside in unratified states? What does that mean for their children? What documents do they need to protect their love and legacy.
But on Monday, November 10, 2025, the Supreme Court announced it would not hear the matter – meaning marriage equality remains a Constitutional Right in the United States. The relief for existing families and couples planning their happy futures is palpable.
Unfortunately, this is a temporary victory for now. Until every state ratifies their state constitution or until the Federal Constitution is similarly ratified, marriage equality and many other fundamental constitutional rights are subject to being diminished, carved up, or overturned by a future Supreme Court – just as Dobbs rattled the fabric of the legal landscape. While changing the language of the Constitution is a daunting legal challenge, particularly in our current political landscape, it is disappointingly the best assurance that rights like marriage equality are protected. Until then, attacks on families of all shapes, sizes, and colors can -and likely will- continue.
Bottom line, don’t count on the Supreme Court. Keep planning your happily-ever-after, just make sure you talk to a family law attorney about all your plans and possible options. Protect your family.
Jess Lill
