Supreme Court to Review Appeal Over Same-Sex Marriage Ruling

In an upcoming closed session, the Supreme Court is set to discuss a request aimed at overturning the historic decision that legalized same-sex marriage across the U.S.

One of the new cases the justices will look at is the unusual appeal from Kim Davis, a former court clerk in Kentucky. She gained notoriety for refusing to issue marriage licenses to same-sex couples in the wake of the 2015 Obergefell v. Hodges ruling.

Davis is hoping the court will invalidate a previous ruling that mandated she pay $360,000 in damages and legal fees after denying licenses to a couple.

The justices are expected to reveal their decision as soon as Monday.

Davis’ legal team has heavily referenced the remarks of Justice Clarence Thomas, who is the only justice expressing a desire to reverse prior same-sex marriage rulings.

Thomas dissented back in 2015, and he’s joined by Chief Justice John Roberts and Justice Samuel Alito, who also opposed the decision.

While Roberts has not made any recent comments, Alito has been vocal in his criticisms of the 2015 ruling, although he stated he isn’t actively pushing for its reversal.

Justice Amy Coney Barrett, who wasn’t on the court at that time, has indicated there are instances when courts should correct wrong decisions. She has actually cited the 2022 case that discontinued the constitutional right to abortion as an example.

However, Barrett recently suggested that same-sex marriage might belong to a different category, noting that many have relied on this ruling to start families.

Davis brought significant attention to Rowan County, Kentucky, when she refused to issue licenses to same-sex couples due to her religious beliefs, despite the Supreme Court’s decision. She faced jail time for contempt of court in September 2015 after consistently disregarding orders to comply.

She was ultimately released when staff issued a license on her behalf, but her name was excluded from the document. This situation prompted the Kentucky General Assembly to pass a law that removed the names of all county employees from marriage licenses.

In 2018, Davis lost her re-election bid.