US Supreme Court rejects bid to overturn same-sex marriage right

The U.S. Supreme Court on Monday (November 10) turned away an appeal from a former Kentucky county official seeking to overturn the landmark 2015 ruling that legalized same-sex marriage nationwide.

The 2015 ruling in the case called Obergefell v. Hodges represented a historic victory for LGBT rights in the United States.

The Monday’s decision signals the court's avoidance of the highly contentious issue, even after its conservative majority reversed federal abortion rights in 2022.

The court, which holds a 6-3 conservative majority, rejected the appeal by Kim Davis, the former Rowan County clerk who was sued by a gay couple. 

Davis had refused to issue marriage licenses to same-sex couples following the 2015 Obergefell decision, stating it conflicted with her religious beliefs as an Apostolic Christian.

Lower courts had ruled against Davis, rejecting her claim that the U.S. Constitution's First Amendment right to free exercise of religion protected her from liability. 

A district judge, David Bunning, emphasized that Davis could not use her own constitutional rights "as a shield to violate the constitutional rights of others while performing her duties as an elected official."

The 6th U.S. Circuit Court of Appeals also ruled against her, stating the First Amendment protects only private conduct, not the actions of government officials.

Davis was ultimately ordered to pay more than $360,000 in total damages and legal fees for violating the same-sex couple's right to marry. 

She had also previously served six days in jail for contempt of court for refusing to comply with a judicial order to issue the licenses.

Attorneys for the plaintiffs, David Ermold and David Moore, welcomed the decision. William Powell stated, "The Supreme Court's denial of review confirms what we already knew: same-sex couples have a constitutional right to marry."

However, the conservative Christian legal group Liberty Counsel, which represented Davis, expressed disappointment. Mat Staver, the group's founder, called the rejection "heartbreaking" but vowed to continue efforts to overturn Obergefell, arguing the precedent "has no basis in the Constitution." 

Overturning Obergefell would allow states to once again pass laws banning same-sex marriage.

The Obergefell ruling was decided 5-4, and three of the four dissenting conservative justices—Clarence Thomas, John Roberts, and Samuel Alito—still serve on the court. 

Justice Thomas, joined by Justice Alito, had previously stated in 2020 that the same-sex marriage ruling continues to have "ruinous consequences" for religious liberty.