Supreme Court Rejects Urgent Same-Sex Marriage Appeal from Kim Davis

UPDATE: The U.S. Supreme Court has officially declined to hear a critical challenge to same-sex marriage, putting to rest a controversial appeal from former Kentucky county clerk Kim Davis on November 10, 2023. This urgent decision reaffirms the landmark 2015 Obergefell vs. Hodges ruling that legalized same-sex marriage nationwide, underscoring the court’s commitment to maintaining marriage equality in the face of ongoing challenges.

Kim Davis, who gained notoriety for refusing to issue marriage licenses to same-sex couples due to her religious beliefs, had sought to overturn the Obergefell ruling, claiming it was based on a “legal fiction” related to the 14th Amendment’s due process clause. Her appeal was propelled by a lawsuit filed by David Ermold and David Moore, who were denied a marriage license in 2015. The couple successfully sued Davis, winning $100,000 in emotional distress damages and an additional $260,000 in attorneys’ fees.

The Supreme Court’s decision not to review Davis’s case comes at a pivotal moment, with approximately 823,000 married same-sex couples now living in the United States, according to the Williams Institute at UCLA. This ruling is seen as a significant victory for LGBTQ rights advocates who argue that marriage equality has fostered positive societal changes for couples and families alike.

“There’s good reason for the Supreme Court to deny review in this case rather than unsettle something so positive for couples, children, families, and the larger society as marriage equality,” stated Mary Bonauto, a senior director with LGBTQ Legal Advocates & Defenders, in response to Davis’s appeal.

Davis’s arguments also included claims that a decision against her would infringe upon her First Amendment rights, insisting that forcing her to pay damages violated her freedom to exercise her religion. However, the court’s refusal to engage with these claims signals a strong stance on the importance of upholding established rights.

In a recent statement, James Obergefell, the named plaintiff in the case that legalized same-sex marriage, expressed his deep concern regarding the implications of Davis’s case. “At this point, I do not trust the Supreme Court,” he told CNN last week, reflecting the anxiety many feel about potential shifts in the judiciary regarding LGBTQ rights.

As this situation unfolds, the implications of the Supreme Court’s decision will resonate throughout the nation, solidifying marriage equality as a foundational right for millions. The court’s action today is crucial for both current same-sex couples and future generations, ensuring that the hard-fought gains in LGBTQ rights remain protected.

The legal landscape surrounding same-sex marriage continues to evolve, and all eyes will remain on how future cases may shape this vital issue. Stay tuned for further developments as the debate over marriage equality persists in various legal and social arenas.