The U.S. Supreme Court declined a request from a former Kentucky county official to reverse its significant 2015 ruling 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 a lawsuit from a gay couple for refusing to issue marriage licenses after the 2015 decision established a constitutional right to same-sex marriage. Davis cited her religious beliefs as an Apostolic Christian in her defense.
Despite Davis’s claims that her First Amendment right to free exercise of religion protected her from liability, the lower courts ruled against her. Davis was held accountable for over $360,000 in damages and legal costs for obstructing a same-sex couple’s right to marry.
The 2015 Obergefell v. Hodges decision marked a significant advancement for LGBTQ rights in the United States by affirming that states cannot outlaw same-sex marriages under the Constitution’s due process and equal protection provisions.
Former Justice Anthony Kennedy, along with four liberal justices, supported the 5-4 ruling in favor of same-sex marriage. The dissenting conservative justices, including Clarence Thomas, John Roberts, and Samuel Alito, along with three justices appointed by former President Donald Trump, expressed their opposition.
The court’s recent shift towards conservatism was evident in its 2022 decision to overturn the 1973 Roe v. Wade ruling on abortion rights, sparking hope among conservatives for a potential reversal of the same-sex marriage ruling.
Davis faced legal repercussions for her refusal to issue marriage licenses following the Obergefell decision and served time in jail for contempt of court. Despite her arguments, the courts maintained that her actions violated the constitutional rights of the gay couple.
The 6th U.S. Circuit Court of Appeals upheld the rulings against Davis, emphasizing that government officials’ actions do not receive First Amendment protection when carrying out their duties. The court also noted that Davis had waived her argument to overturn the Obergefell decision at the case’s outset.
Davis’s legal team contended that the same-sex marriage right, akin to the overturned abortion right, was based on a legal concept termed “substantive due process,” which the Supreme Court has historically used to protect personal liberties.
The Supreme Court previously denied Davis’s appeal in 2020, with Justice Thomas and Justice Alito highlighting concerns about the impact of the same-sex marriage ruling on religious freedom.