November 21, 2025
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12:42Now PlayingBrian Kabateck and Shant Karnikian break down the Supreme Court's denial of certiorari in a
case seeking to overturn Obergefell v. Hodges, the 2015 landmark decision establishing same-
sex marriage as a fundamental constitutional right. Kim Davis, the former Kentucky county clerk
who was jailed for six days in 2015 for refusing to issue marriage licenses to same-sex couples,
asked the Supreme Court to revisit Obergefell—but couldn't get the four votes needed despite the
court's conservative majority. The hosts explain how public opinion has shifted dramatically,
from less than 60% opposition to gay marriage 25 years ago to over 70% support today. Brian
and Shant note that even conservative justices who dissented in Obergefell couldn't muster
support for this challenge, and Justice Kavanaugh actually affirmed Obergefell in a 2022
opinion. Davis now faces a $360,000 judgment for violating civil rights. The episode exposes the
Alliance Defending Freedom (ADF), the organization behind these challenges, as an anti-
LGBTQ hate group designated by the Southern Poverty Law Center that's backed by massive
corporate funding—not grassroots religious believers—seeking exemptions from anti-
discrimination laws.
Kabateck LLP: Call 1-844-74-CIVIL for a free case evaluation or visit us at
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