The Supreme Court just announced that they scheduled a private conference for November 7, 2025, to decide whether to hear a case from former Kentucky county clerk Kim Davis. Davis’s case explicitly aims to tear down the landmark Obergefell v. Hodges ruling and plunge the rights of same-sex couples into chaos. This should alarm everyone who cares about the rights and lives of LGBTQ people.
Back in 2015, right after the Supreme Court’s decision in Obergefell v. Hodges case that established same-sex marriage as a constitutional right, Kim Davis denied marriage licenses to same-sex couples citing “religious grounds.” With an outrageous excuse of protecting “religious liberty,” Davis’s lawyers bluntly argue that Obergefell “has no basis in the Constitution” and should be scrapped. And the Supreme Court will now consider whether to give this assault on marriage equality a formal hearing. If the Court moves forward, same-sex marriage rights—long taken as settled law—could be stripped state by state, affecting hundreds of thousands, if not millions, of lives.
But this is more than one case about one right. It’s a grim warning of the intensifying fascism of an illegitimate, Christian-fascist packed Court. The Court’s recent decisions—most notably the overturning of Roe v. Wade in 2022—have shown that nothing is safe—not abortion rights, not marriage equality, not voting rights, not the very idea of equality under law. As we analyzed previously, this Supreme Court is being turned into a vehicle for a fascist onslaught—a weapon of the Trump fascist regime that violates the Constitution, rather than a guardian of rights. In REVOLUTION #126: More on why only the sustained determined action of decent people can be relied on to defeat and remove the Trump fascist regime. Bob Avakian breaks it down:
[All this because] those who make up the majority on the Supreme Court are not acting as “legal scholars” who adhere to the Constitution and make rational judgments about whether laws are constitutional. They are fascist functionaries who “re-interpret” the Constitution and the laws, ignoring and defying legal precedent, basic logic and the clear meaning of things, as a key part of enforcing the aims of the Trump fascist regime, of which they are effectively an instrument.
While the direction of this case is not clear yet, this isn’t a passive moment to “wait and see.” In the same message, BA goes on to say:
This demonstrates very clearly the profound truth that all those who oppose the tyrannical madness of this Trump fascist regime must mobilize with continuing, and growing, determined non-violent action to prevent this fascist regime from functioning and create the conditions where it is removed from power, before it can fully consolidate its rule of fascist atrocity.
In light of all this, the Call from Refuse Fascism to mobilize in mass, nonviolent protest in Washington, D.C. starting November 5 becomes even more critical. Go to DC on the 5th and stay for as long as you can. When the Court meets on November 7, it cannot be allowed to do so in silence from the public. As the Call states:
"We begin now. On November 5th, from across this nation, we pour into DC. From that day forward, we don’t stop until the regime is removed."
