The U.S. Supreme Court on Monday declined to hear a case that sought to challenge its 2015 landmark decision, Obergefell v. Hodges, which established a constitutional right to same-sex marriage nationwide.
Background of the Challenge
The challenge originated from Kim Davis, a former county clerk in Kentucky. Davis had refused to issue marriage licenses to same-sex couples following the Obergefell v. Hodges ruling. Her refusal led to her being jailed for contempt of court, the loss of her re-election bid, and a jury order to pay $360,000 to a couple she had declined to marry. Davis's petition to the Supreme Court requested an affirmation of First Amendment religious protection from liability for her actions. The Court did not provide a comment on its decision to decline the petition.
Arguments and Broader Context
Davis has consistently maintained that religious liberties conflict with the Obergefell ruling. Her petition underscored her jailing for adhering to religious convictions regarding the historical definition of marriage. Organizations such as Lambda Legal, an advocate for gay rights, have reported that at least nine states have considered bills or resolutions this year that criticize Obergefell or aim to limit marriage to heterosexual couples. Notably, on October 24, the Supreme Court of Texas adopted language permitting judges to refuse to perform same-sex wedding ceremonies based on religious beliefs.
Justice Clarence Thomas, in a concurring opinion associated with the decision to overturn the constitutional right to abortion, had previously stated that the Supreme Court should reconsider its positions on birth control, same-sex marriage, and same-sex intimacy.
Federal Protections and Implications
In 2022, the Respect for Marriage Act was signed into law, which repealed the Defense of Marriage Act and federally recognizes the legitimacy of same-sex and interracial marriages. This act provides a federal safeguard for same-sex marriage even if Obergefell were to be overturned, though individual states could potentially decline to recognize such marriages. The Supreme Court's decision not to hear Davis's petition means that the constitutionality of same-sex marriage remains affirmed under current legal precedent.