The U.S. Supreme Court declined a request on Monday from a former Kentucky county official to reverse the significant 2015 decision that legalized same-sex marriage across the nation. The court, with a conservative majority of 6-3, dismissed the appeal by Kim Davis, a former Kentucky county clerk who faced legal action from a gay couple for her refusal to issue marriage licenses following the 2015 ruling recognizing the right to same-sex marriage under the constitution.
Davis, an Apostolic Christian, argued that her religious beliefs conflicted with same-sex marriage and sought protection under the First Amendment’s right to freely exercise religion. However, lower courts ruled against her, resulting in Davis being held liable for over $360,000 in damages and legal costs for denying a same-sex couple their right to marry.
The 2015 case of Obergefell v. Hodges marked a significant milestone for LGBTQ rights in the U.S., establishing that states cannot prohibit same-sex marriages based on the Constitution’s due process and equal protection clauses.
Former Justice Anthony Kennedy, along with four liberal justices, delivered the 5-4 ruling in favor of same-sex marriage, emphasizing the need for equal dignity and rights for gay couples. Reversing Obergefell would permit states to enact laws against same-sex marriage.
Despite the conservative bloc’s desire to challenge Obergefell, the Trump administration did not intervene in the Davis case before the Supreme Court. The court’s shift towards conservatism in recent years, illustrated by overturning Roe v. Wade in 2022, has raised concerns among conservatives hoping to revisit the same-sex marriage ruling.
Davis, who faced legal troubles and jail time for her actions post-Obergefell, lost her appeal against David Ermold and David Moore, the couple she denied a marriage license. The courts affirmed that government officials like Davis do not receive First Amendment protection for their official duties and cannot impede others’ constitutional rights based on personal beliefs.
Davis’s lawyers contended that the right to same-sex marriage, akin to the nullified abortion right, relies on a principle called “substantive due process,” labeling it a legal fabrication. Despite multiple attempts, including a prior rejection in 2020, Davis has failed to overturn the same-sex marriage ruling, with dissenting justices Thomas and Alito expressing concerns over its impact on religious freedom.