Supreme Court Schedules Hearing on Same-Sex Marriage Case
The U.S. Supreme Court has set a private conference for November 7, 2023, to determine whether to hear a case challenging the 2015 Obergefell v. Hodges ruling. This landmark decision established the right to same-sex marriage nationwide. Former Kentucky county clerk Kim Davis is the petitioner, aiming to overturn this ruling.
Background on the Case
Davis, represented by attorney Matthew Staver, argues that Obergefell is unconstitutional and has requested the Supreme Court to reconsider it. Staver claims that the decision has “no basis in the Constitution,” suggesting it could be overturned without impacting other legal precedents. The case has gained attention amidst increasing efforts from conservative groups to challenge federal protections for same-sex marriage.
Significance of Obergefell
The Supreme Court’s consideration comes at a pivotal time. Following the 2022 overturning of Roe v. Wade, concerns about the stability of various civil rights decisions have intensified. Many believe that if Obergefell is overturned, marriage equality could revert to individual states, potentially affecting hundreds of thousands of couples.
Petition and Legal Arguments
In her petition, Davis cites religious objections to same-sex marriage. The Supreme Court confirmed it will review the case on November 7. Staver’s petition criticizes Obergefell as “egregiously wrong” and damaging to religious liberty. He believes that the case provides an opportunity for the court to reaffirm substantive due process standards.
Who is Kim Davis?
Kim Davis gained notoriety after refusing marriage licenses to same-sex couples in 2015, leading to a contempt ruling and a six-day jail term. Her prior legal challenges have failed in lower courts. Davis contends that her actions were in line with her religious beliefs and argues against personal liability for not issuing licenses.
Supreme Court Justices’ Perspectives
Some conservative justices, such as Clarence Thomas and Samuel Alito, have openly questioned the legitimacy of Obergefell. However, there is no consensus that the decision will be overturned. Justice Amy Coney Barrett mentioned that same-sex marriage holds significant reliance interests, which would be disrupted if the ruling were reversed.
Legislation and Public Sentiment
In response to fears regarding same-sex marriage protections, Congress enacted the Respect for Marriage Act in 2022. This bipartisan legislation ensures that all marriages performed are recognized in all states, countering potential state-level restrictions if Obergefell were to be overturned.
Recent Polling Data
- 68% of Americans support same-sex marriage as of May 2023, according to Gallup.
- Support among Republicans has fluctuated. In 2015, only 37% were in favor, rising to 55% in 2022, but dropping again to 41% in 2023.
What Lies Ahead
The Supreme Court’s decision following the November 7 conference may have significant implications for same-sex marriage rights. If the case is accepted, oral arguments could occur in spring 2024, with a possible ruling by June. Should the Supreme Court deny the review, the existing legal decisions will remain in effect, reinforcing the status of marriage equality in the United States.
