The Supreme Court is set to deliberate on whether to hear an appeal from Kim Davis, the former Rowan County, Kentucky clerk who gained national attention for her refusal to issue marriage licenses to same-sex couples due to her religious beliefs. This matter will be analyzed during a private conference on Friday, where justices will vote on the case’s potential inclusion in their docket.
In her petition, filed in August, Davis aims to challenge the 2015 landmark Obergefell v. Hodges ruling, which legalized same-sex marriage nationwide. Davis argues that the First Amendment’s protection of religious freedom should shield her from liability for not issuing marriage licenses to same-sex couples. She claims that the Supreme Court’s decision was based on “legal fiction” and insists that her case is of “exceptional importance,” as she was the first individual jailed for citing religious convictions concerning marriage.
During her tenure as county clerk, Davis was jailed for six days for contempt of court after refusing to comply with a federal court order to issue marriage licenses following the Obergefell decision. A jury later awarded damages to the couples she refused to serve, totaling $360,000.
Davis’ attorney, Mathew Staver, expressed in the petition that the case needs to be addressed to correct what he views as a historical oversight. Conversely, an attorney representing the couple who sued Davis argued that her claims are unconvincing and maintain that her actions exceeded her authority as a government official.
Legal experts have largely dismissed her chances of success, referencing her previous unsuccessful appeal in 2019, which saw no interest from judges at the U.S. Court of Appeals. Furthermore, movements aimed at challenging marriage rights for same-sex couples have resurfaced, with several states pushing for legislation that discourages same-sex marriages or calls for a reconsideration of Obergefell.
Interestingly, if the Supreme Court accepts Davis’ appeal, it may potentially lead to significant legal clarifications regarding the First Amendment rights of government officials in the context of same-sex marriage. However, previous indications from certain justices suggest that a majority may not be inclined to roll back these rights.
Even amid these judicial challenges, it is important to note that the 2022 Respect for Marriage Act ensures that, regardless of any future changes in the law, existing same-sex and interracial marriages will continue to be recognized at the federal level and by all states. Currently, there are approximately 823,000 married same-sex couples in the United States, with a significant number having wed since the Obergefell decision. This statistic highlights the enduring nature of LGBTQ marriages in the face of ongoing legal challenges.