On June 26, 2015, the U.S. Supreme Court issued a historic 5-4 ruling in the case of Obergefell v. Hodges, a decision that fundamentally reshaped the legal landscape of marriage in the United States. The landmark ruling established that the right to marry is a fundamental right guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution.

The decision was the culmination of decades of activism and legal battles by LGBTQ+ advocates and same-sex couples seeking equal recognition and protection under the law. The case itself was a consolidation of lawsuits from four states—Ohio, Michigan, Kentucky, and Tennessee—where same-sex marriage was banned. The lead plaintiff, James Obergefell, sued to have his name listed as the surviving spouse on his late husband's death certificate in Ohio, where their marriage, legally performed in Maryland, was not recognized.

In the majority opinion, Justice Anthony Kennedy wrote that "the right to marry is a fundamental right inherent in the liberty of the person," and that this right applies with equal force to same-sex couples. The court's decision mandated that all 50 states, as well as U.S. territories, must issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other jurisdictions.

The immediate impact of the ruling was transformative. Thousands of same-sex couples across the country, particularly in states where marriage had been previously outlawed, rushed to courthouses to get married. The decision also brought a sense of relief and celebration to the LGBTQ+ community and its allies, who had fought for years to achieve this level of legal equality.

Beyond the immediate right to marry, Obergefell v. Hodges had a profound and far-reaching impact on other areas of law and life. It granted same-sex couples access to a host of federal benefits previously denied to them, including Social Security survivor benefits, health care and employment benefits, and the ability to be recognized as next-of-kin for a spouse. The ruling also strengthened parental rights for same-sex couples and ended the legal chaos of couples' marriages being recognized in one state but not another.

While the decision was met with widespread celebration, it also sparked controversy and continued opposition from some religious and conservative groups. The debate over same-sex marriage has continued in various forms, particularly concerning the rights of individuals and businesses to refuse service to same-sex couples on religious grounds. However, the legal precedent set by Obergefell v. Hodges remains a cornerstone of civil rights in the United States, cementing the legal recognition of same-sex marriage nationwide.

Since the ruling, the number of married same-sex couples in the U.S. has more than doubled, and their weddings have provided a significant boost to state and local economies. The decision's legacy is not just in the legal and economic spheres, but also in the powerful message it sent about love, equality, and the fundamental right to marry the person you love.

However, ten years after the U.S. Supreme Court's landmark decision in Obergefell v. Hodges legalized same-sex marriage nationwide, the legal right is facing a renewed and direct challenge at the nation's highest court. While there is no "ongoing session" explicitly dedicated to overturning same-sex marriage, a new case has brought the issue back to the forefront, creating anxiety and uncertainty for millions of Americans.

The current legal maneuvering centers on an appeal filed by Kim Davis, the former Kentucky county clerk who gained national attention in 2015 for her refusal to issue marriage licenses to same-sex couples on religious grounds. Davis, who was briefly jailed for her defiance, is appealing a jury verdict that awarded a same-sex couple emotional damages and attorneys fees. In her appeal, she is not only fighting the financial judgment but is also explicitly asking the Supreme Court to overturn the Obergefell decision itself, arguing that it was "egregiously wrong."

This move comes as a stark reminder that while same-sex marriage is a settled law, its constitutional foundation is still under fire from a segment of the population. The 2015 Obergefell ruling, a 5-4 decision, held that the right to marry is a fundamental right guaranteed to same-sex couples by the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

The current Supreme Court, with its conservative majority, has raised concerns among LGBTQ+ advocates. Following the 2022 decision in Dobbs v. Jackson Women's Health Organization, which overturned the constitutional right to abortion, some justices signaled a willingness to reconsider other precedents based on substantive due process, including Obergefell. This has fueled a growing movement to challenge LGBTQ+ rights on various fronts, and Davis's appeal is a part of that larger effort.

Legal experts and court observers are closely watching to see if the Supreme Court will take up the case. Many believe it is unlikely, as the Court could choose to decide the case on narrower grounds, addressing issues of religious freedom or government immunity without overturning the broader right to same-sex marriage. However, the fact that the Court is even being presented with the opportunity to reconsider the landmark ruling is a significant development and a cause for concern.

For now, same-sex marriage remains protected by Obergefell. Furthermore, the federal Respect for Marriage Act, passed in 2022, requires the federal government and all states to recognize same-sex and interracial marriages legally performed in any state. This provides a crucial layer of protection, but it does not prevent a potential future ruling from allowing states to ban new same-sex marriages.

The current legal battle underscores the fragile nature of established rights and serves as a powerful reminder that the fight for full and equal rights for all Americans is a continuous process, even after a landmark victory. The future of same-sex marriage in the United States, once considered settled, is once again a subject of legal and political debate.