As of November 30, 2025, Obergefell v. Hodges, 576 U.S. 644 (2015), remains binding Supreme Court precedent establishing that same‑sex couples have a fundamental right to marry and that states must license and recognize same‑sex marriages under the Fourteenth Amendment.(law.cornell.edu)

In fact, the current Court recently declined to hear a case (stemming from former Kentucky clerk Kim Davis) that sought to roll back or revisit Obergefell, leaving the decision in place and signaling no present majority to overturn it.(reuters.com)

Separately, Congress enacted the Respect for Marriage Act in 2022, which repealed DOMA and requires federal recognition of same‑sex marriages and interstate recognition by states, further entrenching legal protections for same‑sex marriage, even though the core constitutional holding still comes from Obergefell.(en.wikipedia.org)

Because the Supreme Court has not overturned Obergefell and same‑sex marriage remains constitutionally protected throughout the United States as of the current date, Sacks’s prediction that “I don't think Obergefell is going to get overturned” has, up to now, been borne out. However, some states have passed nonbinding resolutions urging the Court to reconsider Obergefell, showing ongoing political efforts but no change in constitutional law.(them.us)