Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


Index of Headings

  1. Introduction
  2. Background on Obergefell v. Hodges and the Current Petition
  3. Implications of the Petition
  4. Global Comparisons: Progress and Backlash in Same-Sex Marriage Laws
  5. How does Europe fare?
  6. The Americas: From Pioneers to Polarization
  7. Asia Emerging Progress Amid Resistance
  8. Africa and the Middle East: Criminalization and Stagnation
  9. Lessons for the U.S.
  10. Conclusion
  11. 11.FAQs

Introduction

In a move that has reignited debates over LGBTQ+ rights in the United States, former Kentucky county clerk Kim Davis has petitioned the U.S. Supreme Court to overturn the landmark 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage nationwide. Davis, who gained notoriety a decade ago for refusing to issue marriage licenses to same-sex couples on religious grounds, argues that the decision infringes on religious freedoms. This development comes amid a conservative-leaning Supreme Court that has already demonstrated a willingness to revisit established precedents, as seen in the 2022 overturning of Roe v. Wade. While the Court has not yet agreed to hear the case, the petition underscores ongoing tensions between religious liberty and marriage equality in America.

Background on Obergefell v. Hodges and the Current Petition

The Obergefell v. Hodges decision, handed down on June 26, 2015, marked a pivotal moment in American civil rights history. In a 5-4 ruling, the Supreme Court declared that the Fourteenth Amendment's guarantees of due process and equal protection require states to license marriages between same-sex couples and recognize such marriages performed elsewhere. The case consolidated several lawsuits from Michigan, Kentucky, Ohio, and Tennessee, where same-sex couples challenged state bans on marriage or recognition of out-of-state unions. Justice Anthony Kennedy, writing for the majority, emphasized that marriage is a fundamental right and that denying it to same-sex couples violated constitutional principles.

Kim Davis's involvement stems from the immediate aftermath of the ruling. As the elected clerk of Rowan County, Kentucky, Davis refused to issue marriage licenses to same-sex couples, citing her Christian beliefs that marriage should only be between a man and a woman. This led to her being jailed for contempt of court in September 2015. Although Kentucky later amended its laws to remove clerks' names from marriage licenses, Davis has continued legal battles, claiming the Obergefell ruling unconstitutionally burdens religious exercise.

Her latest petition to the Supreme Court, filed in 2025, revives these arguments. Davis contends that the decision oversteps federal authority and forces public officials to act against their faith. The U.S. Court of Appeals for the Sixth Circuit previously rejected her claims, affirming that religious beliefs cannot justify violating the law under the separation of church and state. Jay Kaplan, an attorney with the American Civil Liberties Union (ACLU) of Michigan, has expressed skepticism about the Court's willingness to take up the case but warns that marriage equality should not be taken for granted, especially with the Court's 6-3 conservative majority.

Implications of the Petition

If the Supreme Court were to overturn Obergefell, the implications could be profound. Same-sex marriage would revert to state control, potentially invalidating thousands of unions in conservative states. In Michigan, for instance, a 2004 constitutional amendment banning same-sex marriage remains on the books, meaning couples might need to travel out-of-state to wed. However, the federal Respect for Marriage Act, passed in 2022, mandates that all states recognize same-sex marriages performed elsewhere, offering some protection. Still, LGBTQ+ advocates like Amber, a digital producer at FOX 2 Detroit, voice personal fears: "It's scary to think that the rights we've fought for could be rolled back, affecting families like mine."

Global Comparisons: Progress and Backlash in Same-Sex Marriage Laws

To contextualize the U.S. situation, it's essential to examine how other countries approach same-sex marriage. As of 2025, same-sex marriage is legally recognized in 38 countries, covering about 1.5 billion people or 20% of the global population. This represents significant progress since the Netherlands became the first nation to legalize it in 2001. However, the distribution is uneven: most legalizations are in Europe, the Americas, and Oceania, while Africa, the Middle East, and parts of Asia lag far behind, with some regions criminalizing homosexuality altogether.

How does Europe fare?

Europe stands out as a beacon for LGBTQ+ rights, with 22 countries offering marriage equality as of 2025. Nations like Belgium (2003), Spain (2005), and Sweden (2009) were early adopters, often through legislative action rather than court rulings. The Netherlands, as the pioneer, integrated same-sex marriage seamlessly into its civil code, granting identical rights to heterosexual couples, including adoption and inheritance.

However, not all of Europe is uniform. Hungary recognizes civil unions but bans same-sex marriage constitutionally, emphasizing traditional family values. Poland remains without any legal recognition for same-sex couples, amid a conservative government that has faced EU criticism for anti-LGBTQ+ policies. These examples illustrate that even in progressive regions, backlash can occur, mirroring potential U.S. reversals.

The Americas: From Pioneers to Polarization

In the USA, 11 countries have legalized same-sex marriage, starting with Canada in 2005. Argentina (2010) was the first in Latin America, followed by Brazil (2013), Uruguay (2013), and more recently, Chile (2022) and Costa Rica (2020). These nations often combined judicial and legislative efforts; for instance, Mexico's Supreme Court ruled state bans unconstitutional in 2015, leading to nationwide recognition by 2022.

The U.S., with its 2015 ruling, fits into this timeline but stands out for its federalist structure, where states retain significant autonomy. Unlike Canada, where Parliament passed a uniform national law, U.S. states could theoretically revert to bans if Obergefell is overturned, a scenario not faced by most American counterparts. In contrast, countries like Honduras and Haiti explicitly ban same-sex marriage, with constitutional prohibitions that would require amendments to change. Polarization is evident: While progressive Latin American countries advance, others like Paraguay and Venezuela offer no recognition, and in Jamaica, same-sex acts remain criminalized. This regional diversity highlights how cultural, religious, and political factors influence policy, much like in the U.S.

Asia Emerging Progress Amid Resistance

Asia presents a stark contrast to the West, with only a handful of countries recognizing same-sex marriage. Taiwan became the first in 2019, followed by Thailand in January 2025, making it the first Southeast Asian nation to do so. Thailand's law, signed by the king in September 2024 and effective from January 22, 2025, grants full rights, including adoption, in a move celebrated as a milestone for LGBTQ+ visibility in a region where homosexuality is often taboo.

Resistance is fierce in conservative societies: In Indonesia, same-sex marriage is unrecognized, and in countries like Afghanistan and Iran, homosexuality is punishable by death. This extreme contrast sharply with the U.S., where even if Obergefell were overturned, basic decriminalization would remain intact due to the 2003 Lawrence v. Texas ruling.

Africa and the Middle East: Criminalization and Stagnation

Africa and the Middle East represent the most challenging landscapes for LGBTQ+ rights. Only South Africa (2006) has legalized same-sex marriage on the African continent, a legacy of its post-apartheid constitution emphasizing equality. In contrast, over 30 African countries criminalize same-sex acts, with penalties ranging from fines to life imprisonment or death in nations like Uganda and Nigeria. Recent laws in Uganda (2023) have intensified anti-LGBTQ+ measures, drawing international condemnation.

The Middle East is similarly hostile: Same-sex marriage is illegal everywhere, and homosexuality is criminalized in most countries, including Saudi Arabia and the United Arab Emirates. Israel recognizes foreign same-sex marriages but does not perform them, reflecting internal religious-secular divides.

Lessons for the U.S.

Globally, the trend is toward greater acceptance, with the number of countries legalizing same-sex marriage rising from 10 in 2010 to 38 in 2025. In top LGBTQ+-friendly countries like the Netherlands, Finland, and Iceland, comprehensive anti-discrimination laws accompany marriage equality, fostering inclusive societies.

Yet, backlash persists. In Russia, anti-LGBTQ+ propaganda laws have escalated, and in Hungary, restrictions on adoption by same-sex couples echo U.S. conservative arguments. The U.S. could learn from Europe's model of legislative stability, where parliamentary laws are harder to overturn than court decisions. Conversely, the rapid progress in Thailand demonstrates how cultural shifts in traditionally conservative societies can lead to change without judicial overreach.

Conclusion

The call to overturn Obergefell v. Hodges reflects enduring U.S. debates over rights and religion, but in a global context, America remains relatively advanced though not immune to regression. While 38 countries celebrate marriage equality, billions live where such unions are unimaginable or illegal. As the Supreme Court weighs whether to hear Davis's case, the world watches, knowing that progress is never guaranteed. Strengthening protections through legislation, rather than solely courts, could align the U.S. more closely with stable global leaders in LGBTQ+ rights.

FAQs

Q: What is Kim Davis’s 2025 petition about, and how does it connect to Obergefell v. Hodges?
A: Obergefell v. Hodges (2015) legalized same-sex marriage nationwide, which Davis opposed as a Kentucky clerk, refusing licenses on religious grounds. In 2025, she petitioned the Supreme Court again, arguing the ruling forces officials to act against their faith, though lower courts have rejected this claim.

Q: How does the U.S. compare to other countries in the Americas on same-sex marriage?
A: Since 2005, 11 countries in the Americas have legalized same-sex marriage, with Argentina, Brazil, Chile, and Costa Rica among them, often through both courts and legislatures. The U.S. joined in 2015, but unlike most neighbors, its federalist system means states could theoretically reinstate bans if Obergefell is overturned, reflecting deeper polarization across the region.

Q: How does the global landscape of same-sex marriage compare to the U.S.?
A: As of 2025, 38 countries—mainly in Europe, the Americas, and Oceania recognize same-sex marriage, covering about 20% of the world’s population. Europe leads with 22 countries, Latin America shows both progress (Argentina, Chile, Mexico) and resistance (Honduras, Haiti), Asia is emerging with Taiwan and Thailand, while Africa and the Middle East remain the most restrictive.


"Loved reading this piece by Shivani Negi?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Others, Other Articles by - Shivani Negi 



Comments