Kim Davis Appeals Same-Sex Marriage Ruling to Supreme Court
On July 24, Kim Davis, the former County Clerk from Kentucky, submitted a petition to the U.S. Supreme Court, seeking to overturn the 2015 ruling in Obergefell v. Hodges, which legalized same-sex marriage. This petition represents the first major challenge to the landmark decision since it was established. In 2015, Davis was incarcerated for refusing to issue marriage licenses to same-sex couples based on her religious convictions. She is currently suing over a ruling that mandated she pay $360,000 in emotional damages and attorney fees, asserting that her First Amendment rights shield her from such liability and that the Obergefell decision was fundamentally flawed.
Liz Wheeler, host of “The Liz Wheeler Show,” expressed skepticism about claims that this ruling cannot be overturned, suggesting, “Perhaps they could be wrong about that.” She referenced Judge Clarence Thomas’ concurrent opinion released after the overturning of Roe v. Wade, which stated that significant precedents like Griswold, Lawrence, and Obergefell should be revisited because these substantial due-process decisions are “clearly false” and need correction.
Wheeler remarked on the concept of “substantial due process,” indicating that this legal philosophy is often embraced by leftist judges interpreting rights not explicitly worded in the Constitution. She argues that it’s a mechanism for judicial activists to inject meaning into a Constitution that may not support such interpretations.
She further stated that same-sex marriage is another illustration of a substantial due process claim—akin to abortion—which she believes isn’t guaranteed in the Constitution. “If you look closely at the Constitution, you’ll see there’s no mention of gay marriage. It’s not there,” Wheeler noted thoughtfully. “We can’t deny that the Constitution neither directly nor indirectly affirms gay marriage.” Even if Congress supports legalizing same-sex marriage, she believes that claiming a constitutional right for it is misleading.
If the Supreme Court chooses to take up Davis’ case, Wheeler recognizes that the chances are slim, but there’s still potential for the court to reevaluate the Obergefell ruling. She pointed out that Davis’ case is unique as it directly involves the intersection of her religious freedom and the impact of Obergefell on her life.
Regardless, Wheeler suggests that Obergefell hasn’t dramatically changed who can marry legally, since Congress has enacted laws to affirm same-sex marriages in various ways, ensuring that valid marriages from other states are recognized. However, Wheeler insists that the core issue lies in the idea that the government should not have the authority to redefine fundamental terms like marriage. “Marriage has traditionally been seen as a union between one man and one woman. If the government can redefine that, then it poses a serious threat to how we understand words—and thus laws,” she warned.
For more insights and commentary, check out the video.
