- Justices decline to reconsider landmark ruling that legalized same-sex marriage nationwide
- Former Kentucky clerk sought to overturn damages from refusing marriage license
- Court rejection leaves Davis owing $360,000 in damages and legal fees
WASHINGTON, D.C. (TDR) — The Supreme Court on Monday rejected a petition that sought to overturn its landmark 2015 ruling legalizing same-sex marriage, turning away an appeal from Kim Davis, the former Kentucky county clerk who became an international symbol of opposition to marriage equality.
Without comment, the justices declined to take up Davis’s appeal in a brief order issued Monday morning. No dissents were noted. The decision leaves intact a federal court ruling requiring Davis to pay $360,000 in damages and legal fees to a same-sex couple she refused to serve.
Ten years after Obergefell
Davis gained national attention in 2015 when she defied the Supreme Court’s decision in Obergefell v. Hodges, which ruled that same-sex couples have a constitutional right to marry under the 14th Amendment. The 5-4 ruling, authored by Justice Anthony Kennedy, required all states to issue and recognize same-sex marriage licenses.
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As Rowan County clerk, Davis cited her Christian faith in refusing to issue any marriage licenses rather than provide them to same-sex couples. Her office denied licenses to several couples, including David Moore and David Ermold, whose viral video of the refusal drew international coverage.
Legal battle and damages
A federal judge ordered Davis to issue licenses to all couples. When she continued refusing, she was jailed for contempt of court for six days in September 2015. While Davis was incarcerated, Moore and Ermold obtained their marriage license from a deputy clerk.
Kentucky later enacted legislation removing county clerks’ names from marriage licenses to accommodate religious objections. However, Moore and Ermold’s lawsuit seeking damages continued through nearly a decade of litigation.
A federal jury awarded the couple $100,000 in damages in 2023, with an additional $260,000 in attorney’s fees ordered by the court. Davis appealed, arguing that First Amendment religious protections should shield her from liability.
Conservative court declines challenge
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The petition appeared to mark the first formal request since 2015 for the court to overturn Obergefell. Davis’s attorneys, representing the conservative group Liberty Counsel, invoked Justice Clarence Thomas, the only current justice who has explicitly called for revisiting the marriage equality decision.
However, several conservative justices have signaled unwillingness to revisit the precedent. Justice Amy Coney Barrett recently noted there are “very concrete reliance interests” at stake with same-sex marriage. Justice Samuel Alito, while criticizing the decision, acknowledged it deserves respect under the doctrine of stare decisis.
The 2022 Respect for Marriage Act requires federal and state recognition of legal same-sex marriages performed in any state, providing additional federal protection beyond the Obergefell ruling.
Kelley Robinson, president of the Human Rights Campaign, celebrated Monday’s decision: “When public officials take an oath to serve their communities, that promise extends to everyone — including LGBTQ+ people.”
Should religious beliefs excuse government officials from enforcing laws they personally oppose?
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