The U.S. Supreme Court dismissed a plea on Monday from a former Kentucky county official seeking to reverse the 2015 decision legalizing same-sex marriage nationwide. The court, with a 6-3 conservative majority, declined an appeal by Kim Davis, a former county clerk in Kentucky. Davis had refused to issue marriage licenses following the 2015 ruling recognizing a constitutional right to same-sex marriage due to her religious beliefs.
After lower courts rejected Davis’s argument that her First Amendment right to religious freedom protected her from liability, she was ordered to pay over $360,000 in damages and legal fees for denying a same-sex couple’s right to marry. The 2015 landmark case, Obergefell v. Hodges, was a significant victory for LGBTQ rights, establishing that states cannot prohibit same-sex marriages based on the Constitution’s due process and equal protection clauses.
The ruling, which was 5-4, was authored by retired Justice Anthony Kennedy, who emphasized the importance of granting equal dignity and rights to gay individuals. Overturning the Obergefell decision could potentially permit states to ban same-sex marriages once again. Notably, the court’s conservative justices, including Clarence Thomas, John Roberts, and Samuel Alito, expressed dissent.
In a separate case in 2022, the court overturned the Roe v. Wade decision, fueling hopes among conservatives for a potential reconsideration of Obergefell. Davis, who spent time in jail for defying court orders, faced a civil rights lawsuit from David Ermold and David Moore, who accused her of violating their marriage rights. Despite Davis’s argument of protecting her religious beliefs, courts ruled against her, emphasizing that official duties cannot infringe on others’ constitutional rights.
The appeal by Davis also raised questions about the legal basis of same-sex marriage and the concept of substantive due process. The Supreme Court previously declined an appeal from Davis in 2020. Justice Thomas, in his opinion, expressed concerns about the impact of the same-sex marriage ruling on religious freedom.
The court’s shifting ideological composition has led to increased conservatism on various issues. The decision in the Davis case underscores the ongoing debate surrounding LGBTQ rights and religious liberties in the United States.