So in July, she filed a petition to the Supreme Court, which she had done once before. If the Supreme Court does choose to take up Davis’ case to revisit Obergefell, however, civil rights lawyers caution that could be cause for serious concern. Supreme Court procedures say that only one justice needs to vote to compel a defendant to produce a response. AdvertisementIf Obergefell were to be reversed, states would individually determine the legality of same-sex marriage ― similar to the current landscape for accessing abortion. In January, the Idaho House passed a resolution to call on the Supreme Court to reconsider the Obergefell decision.
