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The U.S. Supreme Court on Monday declined to review an appeal from Kim Davis, the former Kentucky county clerk who refused to issue marriage licenses to same-sex couples, effectively ending her latest attempt to challenge the 2015 landmark decision legalizing same-sex marriage nationwide. The justices provided no explanation for their rejection, and not a single justice moved to grant a review of the petition.
Davis, a devout Apostolic Christian, stopped issuing marriage licenses in Rowan County, Kentucky, even after the Obergefell v. Hodges ruling legalized same-sex marriage in the state. She argued that her religious beliefs prevented her from signing such licenses. After defying court orders, Davis was jailed for contempt of court for several days in 2015. The state later amended its law to allow marriage licenses to be issued without the clerk's name, but legal battles continued.
Her appeal included a claim that the First Amendment's protections for the free exercise of religion should shield her from liability for damages and legal fees totaling $360,000, awarded to couples she had denied. Davis was also required to pay $260,000 in attorney's fees. She had previously lost an appeal to the 6th U.S. Circuit Court of Appeals in March this year.
While the Supreme Court has a conservative majority and has overturned other landmark precedents such as Roe v. Wade, it showed no interest in revisiting Obergefell. Concerns had arisen after Justice Clarence Thomas, in the abortion ruling, suggested that same-sex marriage and other cases could be reconsidered, but no other justice joined his view. Justice Samuel Alito, who authored the Roe decision, recently indicated he was not advocating for overturning Obergefell.
The decision was welcomed by LGBTQ advocates. Kelley Robinson, president of the Human Rights Campaign, said, "The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences." Civil rights attorney Mary Bonauto, who argued Obergefell, added, "Today millions of Americans can breathe a sigh of relief for their families, current or hoped for, because all families deserve equal rights under the law."
Conversely, Mat Staver, founder of Liberty Counsel which represented Davis, criticized the ruling, calling it "crippling monetary damages based on nothing more than purported hurt feelings," and vowed to continue efforts to overturn Obergefell.
Since the 2015 ruling, nearly 600,000 same-sex couples have married nationwide. Chief Justice John Roberts, along with Justices Thomas and Alito, had dissented in Obergefell, while Justice Anthony Kennedy, the author of the majority opinion, highlighted marriage as embodying "the highest ideals of love, fidelity, devotion, sacrifice and family." The Supreme Court's refusal to hear Davis' case leaves the decade-old precedent intact and protects marriage equality for the foreseeable future.
