The Supreme Court refused on Monday to reopen a debate about same-sex unions, rejecting the appeal of former Kentucky clerk Kim Davis. It also left intact the landmark 2015 ruling which legalized these unions across the country.
The Justices refused to hear Davis’ challenge without any explanation. This case had sparked fears from LGBTQ activists that the conservative majority of the High Court might revisit Obergefell V. Hodges, the ruling that established a constitutional guarantee for same-sex married.
Davis, a former Rowan County Clerk who gained national attention for refusing to grant marriage licenses following Obergefell now owes couples more than $350,00 in legal and damages fees. In 2015, she spent several days behind bars for refusing to obey a court order.
This move was made because the court has been moving to the right since Uppergefell. Justice Anthony Kennedy was part of the majority in 2015, and he wrote the opinion that declared “no marriage is more profound” because it represents the highest ideals such as love, loyalty, dedication, sacrifice, and family. Kennedy retired from the court in 2018, and Brett Kavanaugh replaced him. Amy Coney Barrett, a liberal justice who was a key vote in the 2020 election, succeeded Liberal Justice Ruth Bader Ginsburg.
The Obergefell was contested by three current justices — the Chief Justice John Roberts, Clarence Thomas, and Samuel Alito. In his scathing dissent, the late Justice Antonin Scalia called this ruling “a threat to American democracy” and blasted what he called today’s “judicial Putsch.”
Davis claimed in her appeal that it was “time for a change of course” and her refusal to grant licenses stemmed primarily from her religious convictions protected under the First Amendment. The 6th U.S. The 6th U.S.
There’s no sign that the conservatives are eager to revisit Obergefell despite the new court makeup and 2022’s reversal Roe V. Wade. Barrett told The New York Times recently that the same-sex union carries with it “very tangible reliance interests.” Alito also criticized the decision but said that the precedent is still worthy of respect.
The Obergefell decision sparked nationwide celebrations, and the White House was bathed with rainbow lights on the night that it was announced. According to UCLA’s Williams Institute, since then, more than 600,000 couples of the same gender have married.
Davis’s and her supporters’ fight has never been over. In a sense, the Supreme Court’s decision not to take up her case has effectively closed the chapter on what was one of America’s most divisive legal battles.
