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Supreme Court declines to revisit landmark same-sex marriage precedent
The Supreme Court on Monday declined an opportunity to overturn its landmark precedent recognizing a constitutional right to same-sex marriage, tossing aside an appeal that had roiled LGBTQ advocates who feared the conservative court might be ready to revisit the decade-old decision.
Instead, the court denied an appeal from Kim Davis, the former Kentucky county clerk who now faces hundreds of thousands of dollars in damages and legal fees for refusing to issue marriage licenses after the courtâs decision in Obergefell v. Hodges allowed same-sex couples to marry.
The court did not explain its reasoning to deny the appeal, which had received outsized attention â in part because the courtâs 6-3 conservative majority three years ago overturned Roe v. Wade and the constitutional right to abortion that 1973 decision established. Since then, fears about Obergefell being the precedent to fall have grown.
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Supreme Court denies review of Kim Davis’ petition that sought to overturn Obergefell
The Supreme Court declined to review Kim Davis’ petition asking the justices to overturn the 2015 Obergefell v. Hodges ruling, which recognized same-sex marriage rights. The expected denial came on Monday via the court’s routine order list announcing the latest action on pending appeals.
It would have taken four justices to grant to review. No justices noted any dissent from the denial.
Davis is the former Kentucky county clerk who made headlines a decade ago for refusing to issue marriage licenses to same-sex couples on religious grounds in the wake of the Obergefell decision.
Her failed petition sought to upend a ruling from the U.S. Court of Appeals for the 6th Circuit, which affirmed her loss in a civil case brought by David Moore and David Ermold, whose marriage license she refused. Successfully opposing Supreme Court review, Moore and Ermold wrote that Obergefell “was correctly decided, and there is no need to revisit it.”
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