Love, Liberty, and Vigilance: Why the Kim Davis Case Matters and What We Must Do
In a few days, the U.S. Supreme Court will quietly meet behind closed doors to decide whether to hear a case that could shake the foundations of marriage equality in America. On November 7, 2025, the justices will review a petition by former Kentucky county clerk Kim Davis, who rose to fame—and notoriety—when she refused to issue marriage licenses to same-sex couples after the Supreme Court’s landmark Obergefell v. Hodges decision in 2015.
On its surface, Davis’ case may seem narrow: one public official arguing she should not be held personally liable for violating the rights of LGBTQ couples. But beneath the legal jargon lies a potential threat of extraordinary consequence: the possibility that the Court could reopen, and even reverse, the decision that recognized same-sex marriage as a constitutional right.
To many, the very idea seems unthinkable. Same-sex marriage is now a normalized reality across the country, with Gallup reporting that nearly 70 percent of Americans support it. Millions of couples have built lives, families, and futures based on the security that Obergefell provided. Yet history shows us that rights, once gained, are not always permanent. The same Court that recognized abortion rights in 1973 through Roe v. Wade erased them in 2022.
This moment demands our attention, our clarity, and our action.
Understanding the Stakes
1. Why Obergefell Matters
The Obergefell ruling was more than a legal technicality. It declared that the right to marry is fundamental, and that same-sex couples cannot be excluded. It was a recognition of dignity, equality, and belonging. For many LGBTQIA+ people, it marked the first time the highest court in the land affirmed their love as valid and worthy of protection.
Rolling back Obergefell would not only end nationwide marriage equality—it would send a chilling message that LGBTQ rights are conditional, contingent, and vulnerable to political winds. Even if existing marriages are “grandfathered in,” couples in conservative states could suddenly find themselves without access to marriage licenses. Young LGBTQ people would again grow up in a nation where their futures are seen as less legitimate than their peers’.
2. The Legal and Political Context
Kim Davis’ attorneys argue Obergefell has “no basis in the Constitution” and should be overturned on religious liberty grounds. Their framing mirrors the reasoning that led the Court to reverse Roe v. Wade: the claim that earlier decisions invented rights without constitutional foundation.
Conservative justices like Clarence Thomas and Samuel Alito have openly criticized Obergefell. Justice Amy Coney Barrett has acknowledged that millions of families rely on the ruling, which complicates the Court’s calculus. Still, if four justices vote to hear the case, it could set the stage for a major confrontation.
Even if Obergefell were overturned, the Respect for Marriage Act of 2022 ensures that states must recognize marriages performed in other states. But that is cold comfort for couples forced to travel to wed, or for LGBTQ youth watching their own communities strip away their rights.
The Psychology of Threat
When rights come under threat, it triggers deep psychological responses—not only in those directly affected but in allies and observers. Political psychology helps us understand how to channel those responses productively.
Fear and Anger as Mobilizers:
Fear alerts us to danger, but anger directs us to action. The Roe reversal showed us what happens when fear turns into resignation—rights can vanish overnight. The LGBTQIA+ community must allow fear of regression to sharpen into anger at injustice, fueling organized resistance.Identity and Belonging:
Obergefell affirmed LGBTQ people as full citizens. To challenge it is to challenge the legitimacy of LGBTQ identities themselves. Research shows that when group identities are attacked, solidarity strengthens. This is a moment to lean into community, to remind each other: we belong, we matter, and we will not be erased.Hope as a Protective Force:
Psychology also teaches that despair is paralyzing, while hope sustains resilience. Marriage equality enjoys majority support, and Congress has taken steps to protect it. Our movement is not fighting from the margins anymore—we have real power. Holding onto that hope prevents burnout and builds momentum.
What We Can Do
The Court’s decision on whether to hear Davis’ case may come as soon as November 10. Whatever happens, LGBTQIA+ people and allies cannot afford passivity. Rights are defended through vigilance. Here are key strategies:
1. Stay Informed and Spread the Word
Awareness is the first line of defense. Too often, threats to rights advance quietly, through obscure legal maneuvers. Share credible news about the Davis case with friends, family, and networks. Correct misinformation. Make sure people understand: this is not an abstract debate—it could determine whether future generations have equal marriage rights.
2. Mobilize Politically
Supreme Court justices are insulated from public opinion, but lawmakers are not. Pressure your senators and representatives to vocally defend marriage equality. Support candidates who commit to LGBTQ rights at every level of government. Remember: state legislatures will wield enormous power if Obergefell falls. Elections matter, not just nationally but locally.
3. Strengthen Community Ties
Rights battles are not only fought in courts and legislatures; they are fought in communities. LGBTQ centers, faith groups, campus organizations, and grassroots collectives all play a role in building resilience. Attend meetings, support local initiatives, and create spaces where people can process fear and find solidarity.
4. Use the Power of Storytelling
Data convinces policymakers, but stories change hearts. Share your experiences of marriage equality—what it meant to marry your partner, to see your parents recognized, or to grow up knowing you had that right. When rights are debated in the abstract, empathy gets lost. Personal stories cut through rhetoric and reveal the human cost of injustice.
5. Support Legal Advocacy Groups
Organizations like Lambda Legal, the ACLU, GLAD, and the Human Rights Campaign are already preparing for potential legal battles. Donations, volunteering, and amplifying their work are concrete ways to contribute.
6. Practice Resilience and Self-Care
Activism is emotionally demanding. Psychologists emphasize that resilience requires cycles of action and rest. Take care of yourself and your community. Celebrate wins, however small. Hold onto joy, because joy itself is a form of resistance against those who wish to erase your existence.
A Call to Allies
This is not only an LGBTQ issue—it is an American issue. Allies must recognize that silence enables regression. The rhetoric used against Obergefell is the same rhetoric that could target contraception, interracial marriage, or other privacy-based rights. The attack on one group’s liberty endangers all.
If you are an ally, ask yourself: What am I doing to show up? It might mean contacting your representatives, marching with your friends, sharing information, or simply having hard conversations in your own circles. True allyship is not passive—it is active, visible, and loud.
The Bigger Picture
The struggle over marriage equality is not just about weddings or paperwork. It is about the meaning of democracy itself. A democracy worthy of its name protects minorities from the tyranny of the majority. It affirms that all citizens, regardless of identity, have equal rights under the law.
Political psychology warns us of a dangerous cycle: when groups perceive their rights as insecure, trust in democratic institutions erodes. If LGBTQIA+ Americans come to believe the Court may strip away hard-won gains at any moment, cynicism and disengagement will follow. That weakens democracy for everyone.
Conversely, when communities mobilize and defend their rights, they strengthen democracy by proving that institutions remain accountable to the people. This is why the response to the Davis case matters far beyond marriage—it is a test of whether we are willing to defend equality itself.
Simply Put
In 2015, when the Obergefell decision was announced, celebrations erupted across the country. Couples kissed on courthouse steps. Families cried tears of joy. The rainbow flag flew over the White House. For a moment, love triumphed over fear.
Ten years later, that triumph is being questioned. But let us remember: the decision did not come from nine justices alone. It was the product of decades of activism, of countless brave individuals who came out, marched, lobbied, litigated, and refused to be silent.
That same spirit is needed now. Whether the Court takes Kim Davis’ case or not, the message is clear: our rights cannot be taken for granted. We must defend them with vigilance, solidarity, and love.
Love, after all, is the heart of this struggle. Love is what Davis tried to deny. Love is what Obergefell recognized. And love—unyielding, courageous, unapologetic—will be what carries us forward.
So let us rally. Let us speak. Let us organize. Let us remind America, once again, that love is stronger than hate, liberty is stronger than fear, and equality is non-negotiable.
Sources
Supreme Court Sets Date to Consider Same-Sex Marriage Case - Newsweek
Table of Contents
