Court to Decide on Hearing Same-Sex Marriage Challenge November 7

The Supreme Court is set to meet on November 7 to discuss the potential review of Kim Davis’ case regarding same-sex marriage. This meeting marks the initial consideration of her challenge. Should the court decide against hearing it, the announcement may occur as early as November 10.

Background of the Case

Kim Davis, a county clerk from Kentucky, gained national attention in 2015 after refusing to issue marriage licenses to same-sex couples due to her religious beliefs. This refusal occurred shortly after the Supreme Court’s landmark ruling in Obergefell v. Hodges, which recognized same-sex marriage as a constitutional right.

Legal Developments

After the Obergefell decision, Kentucky’s then-governor Steve Beshear instructed county clerks to issue marriage licenses to all couples, regardless of sexual orientation. Despite legal advice indicating her obligation, Davis paused all marriage licenses in her county, affecting both gay and heterosexual couples. Her refusal led to a lawsuit from couple David Moore and David Ermold, who argued that Davis violated their constitutional rights.

In a separate ruling, U.S. District Judge David Bunning mandated Davis to begin issuing licenses again, a decision she resisted. In 2016, changes in state law allowed clerks to remove their names from marriage licenses, resulting in Davis eventually complying with the law.

Recent Verdicts and Appeals

In 2023, a jury awarded Moore and Ermold $50,000 each for damages caused by Davis’ actions. She subsequently appealed to the U.S. Court of Appeals for the 6th Circuit, arguing that her religious freedom was infringed upon. However, the court dismissed her appeal, stating that her actions as a public official did not afford her the same protections as a private citizen under the First Amendment.

Current Proceedings

• Davis filed a petition for the Supreme Court to review the 6th Circuit’s ruling on July 24, 2023.
• She claims that her actions were personal and not representative of the government.
• Moore and Ermold, with legal representation, argued against the need for Supreme Court intervention.

As the November 7 conference approaches, a key aspect will hinge on whether at least four justices favor taking up the case. Notably, any decision this term could have lasting impacts on the recognition of same-sex marriage in the United States.