“Here we go…”: Perez Hilton reacts to Supreme Court’s ordering an overturn of same sex marriage

8th Anniversary Of Supreme Court
8th Anniversary Of Supreme Court's Obergefell Decision Legalizing Gay Marriage In The United States - Source: Getty

Podcaster Perez Hilton weighed in on news that the U.S. Supreme Court was formally asked to overturn its 2015 decision on same sex marriage nationwide. On August 12, 2025, Hilton shared a post on X reacting to the development, captioning it:

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"Here we go… The Supreme Court has been formally asked to overturn landmark same sex marriage ruling."
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His post linked to an ABC News report dated August 11, 2025, detailing the case at the center of the renewed challenge.

According to the report, for the first time since 2015, the justices would consider hearing a case that explicitly asked them to overturn Obergefell v. Hodges. Obergefell v. Hodges was a 2015 case under the 14th Amendment that required states to perform and recognize marriages of same sex couples on the same terms and conditions as those of opposite-sex couples, with equal rights and responsibilities.

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The current case seeking to overturn same sex marriage rights involves Kim Davis, a former Rowan County Clerk in Kentucky. Under state law in 2015, she had the sole authority to issue marriage licenses on behalf of the government.

However, she famously refused to issue marriage licenses to a gay couple on religious grounds that year, leading to her being jailed for six days. Davis is now appealing a $100,000 jury award for emotional damages, along with $260,000 in attorneys’ fees.

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More about Kim Davis and her appeal to the Supreme Court to overturn same sex marriage rights

Kim Davis appeals to the Supreme Court to overturn Same sex marriage rights (Image via Getty Images)
Kim Davis appeals to the Supreme Court to overturn Same sex marriage rights (Image via Getty Images)

Kim Davis’ appeal to overturn same sex marriage stems from her refusal to issue licenses to same sex couples in 2015. This sparked a high-profile legal battle against the landmark Obergefell v. Hodges decision.

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In a petition for writ of certiorari filed in July, Davis argued that the First Amendment’s guarantee of free exercise of religion shielded her from personal liability. More significantly, she claimed that the Obergefell ruling itself was "egregiously wrong" and should be overturned.

Her attorney, Mathew Staver, emphasized this point in the petition, writing:

"The mistake must be corrected."

He characterized Justice Anthony Kennedy’s majority opinion in Obergefell as “legal fiction,” underscoring their belief that the ruling was fundamentally flawed.

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However, according to the ABC News report, lower courts had already dismissed her claims. Most legal experts viewed her latest appeal as an uphill battle. A federal appeals court panel ruled:

"(She) cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect."

William Powell, attorney for David Ermold and David Moore, the now-married Kentucky couple who sued Davis for damages, noted the lack of judicial interest in her case.

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"Not a single judge on the U.S. Court of Appeals showed any interest in Davis’s rehearing petition, and we are confident the Supreme Court will likewise agree that Davis’s arguments do not merit further attention," Powell told ABC News.

Davis’ petition comes amid a broader conservative push to revisit same sex marriage rights. When Obergefell was decided in 2015, 35 states had statutory or constitutional bans on same sex marriage, while only eight explicitly allowed it. By 2025, at least nine states had introduced bills to block licenses for same sex marriage or passed resolutions urging the court to overturn Obergefell.

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The Southern Baptist Convention, the country’s largest Protestant denomination, voted in June to make overturning laws and court rulings, including Obergefell, that "defy God’s design for marriage and family" a top priority.

Gallup polling shows a majority support for marriage equality, rising from 60% in 2015 to 70% in 2025. That support had plateaued since 2020.

In her petition, Davis also argued that the court should treat the issue of same sex marriage in the same way it handled abortion when overturning Roe v. Wade in 2022. She pointed to Justice Clarence Thomas’ concurrence in that case, where he urged the court to revisit Obergefell as well as other landmark rulings.

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Josh Blackman, a conservative constitutional scholar at South Texas College of Law, cautioned that any challenge to same sex marriage rights would face a difficult road given public opinion.

"It is hard to say where things will go, but this will be a long slog considering how popular same sex marriage is now," Blackman said.

He also predicted that most members of the court’s conservative majority would want potential challenges to move through lower courts before taking up the issue again.

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The Supreme Court is expected to review Davis’ petition this fall to decide whether to hear the case. If the judges agree, oral arguments would likely be scheduled for spring 2026, with a ruling expected by the end of June that year.

If the court declines the case, the lower court’s decision would be intact.

Edited by Shubham Soni
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