Supreme Court takes first steps to ban gay marriage, will vote on hearing case in early November

It shouldn’t come as a surprise that under Donald Trump, gay marriage may soon be a thing of the past. This miserable fact may be about to take a big step towards reality, as the Supreme Court just confirmed it’s hosting a private conference on Nov. 7 that may begin the process of turning the gay rights clock back by decades.

The conference will decide whether to hear a controversial petition from former Kentucky county clerk Kim Davis, who wants to overturn the 2015 Obergefell v. Hodges decision, which legalized same-sex marriage nationwide.

JUST IN: Former KY county clerk Kim Davis' case looking to overturn same-sex marriage is on conference for Nov. 7 at #SCOTUS

— Josh Gerstein (@joshgerstein) October 22, 2025

Former Rowan County clerk Davis gained international attention in 2015 when she refused to issue marriage licenses to same-sex couples, citing her Apostolic Christian beliefs. This saw her convicted of contempt of court, sentenced to five days in jail, and in 2023 was ordered to pay $100,000 in damages to a same-sex couple for violating their rights.

Davis is asking the Supreme Court to hear her appeal on that last point. If they agree to hear it, it could lead to a full reversal of Obergefell v. Hodges, which would have the effect of returning marriage to state control, in effect banning same-sex unions in conservative regions and disrupting existing marriages. Basically, think the overturning of Roe v Wade, but for gay marriage.

What would this mean?

If the Supreme Court decides to overturn Obergefell v. Hodges – and this is likely given the 6-3 conservative majority that includes justices Samuel Alito and Clarence Thomas, who both criticized Obergefell as a threat to religious freedom – it’d throw married gay couples into chaos.

If each state can individually decide the legality of gay marriage, it would mean that a same-sex marriage in a blue state wouldn’t be legally recognized in a red state, resulting in bureaucratic chaos when it comes to property division and parental rights.

And, obviously, it would mean gay couples in red states wouldn’t be able to get married. They could travel to blue states like California for their weddings, but they wouldn’t be able to return home and be guaranteed their home state would recognize their union.

If you think this all sounds cruel and unfair, congratulations, you’ve identified the point of this exercise. The Trump administration has already displayed a warped satisfaction in making trans people’s lives a misery – it was only a matter of time before they came for the rest of the LGBTQ+ community.