Supreme Court swiftly addresses Kim Davis appeal to challenge same-sex marriage

The Supreme Court has swiftly rejected a request from Kim Davis, a former Kentucky county clerk, to challenge the landmark same-sex marriage ruling from 2015. This decision upholds the court’s previous affirmation of marriage equality in the United States.

Background on the Appeal

Last week, the justices privately convened to discuss several cases, including Davis’s petition. She sought to overturn a ruling requiring her to pay $300,000 to a same-sex couple after she denied them a marriage license due to her religious beliefs.

Legal experts had minimal expectations regarding the acceptance of her appeal. Nonetheless, there were concerns among advocacy groups that the conservative-majority court might revisit LGBT+ rights under the premise of religious freedom.

Arguments Presented

• Davis claimed a First Amendment right as a public official to deny licenses to same-sex couples.
• Experts contended that her argument would permit discrimination under the guise of religious expression.
• Mat Staver, head of Liberty Counsel representing Davis, argued that the Obergefell v. Hodges decision infringes upon free speech and religious rights.

In her petition, Davis’s attorneys stated that the couple, David Ermold and David Moore, could not sue over emotional distress caused by her refusal. They maintained that without Supreme Court intervention, Obergefell would hinder protections for officials with religious beliefs.

Rejection of the Petition

The justices denied Davis’s request without elaborating on their decision. Human Rights Campaign president Kelley Robinson responded, highlighting that public officials must uphold the constitutional rights of all citizens, including LGBTQ+ individuals.

Current Status of Same-Sex Marriage

As of now, approximately 823,000 same-sex couples are legally married in the United States. Research from the Williams Institute at UCLA indicates that around 600,000 of these couples tied the knot after the Obergefell ruling.

These couples are also raising nearly 300,000 children under 18. According to Gallup, more than two-thirds of Americans consistently support the ten-year-old ruling. Nevertheless, Republican support has fluctuated, dropping from 55% in 2021 to 41%, the lowest level since the initial ruling.

Additionally, the Respect for Marriage Act, enacted by President Joe Biden in 2022, protects existing same-sex marriages across state lines. However, this law does not mandate every state to issue marriage licenses if Obergefell were to be overturned.

Concerns for the Future

Advocates express frustration over the ongoing threat to LGBT+ rights amid a conservative judiciary. Legal experts note concerns stemming from the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization, which jeopardized previously established rights.

Justice Clarence Thomas indicated a willingness to reconsider key substantive due process cases, including those surrounding same-sex marriage. Staver expressed dissatisfaction with the Supreme Court’s inaction, stating, “Like Roe v. Wade, Obergefell was egregiously wrong from the start.”

The future of same-sex marriage protections remains uncertain, particularly as the composition of the Supreme Court continues to spark debate on civil liberties.