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The Supreme Court on Monday (November 10) declined to hear an appeal from Kim Davis, a former Kentucky county clerk, who sought to overturn the 2015 ruling that legalized same-sex marriage nationwide. Without comment, the justices rejected Davis' petition, which challenged the landmark Obergefell v. Hodges decision on the grounds of her religious beliefs.
Davis, represented by Liberty Counsel, had refused to issue marriage licenses to same-sex couples in 2015, citing her opposition based on her Christian faith. This led to a civil rights lawsuit filed by David Moore and David Ermold, among others, who were denied licenses. Davis was held in contempt of court and jailed for six days for defying a court order to issue the licenses. Subsequently, a jury awarded $100,000 in damages to the plaintiffs, and Davis was ordered to pay $260,000 in attorney’s fees.
Despite the Supreme Court's conservative majority, the court's decision not to hear the case suggests a reluctance to revisit the Obergefell ruling. Justice Clarence Thomas had previously suggested that the decision should be reconsidered, but no other justices joined his opinion. Justice Samuel Alito recently indicated he was not pushing for Obergefell to be overturned.
The court's refusal to hear the appeal was met with relief by LGBTQ advocates, who feared the potential for the ruling to be overturned in light of the court's recent decisions expanding religious rights at the expense of LGBTQ rights.
The decision leaves Obergefell intact, but the court's future stance on similar issues remains uncertain, especially as it has shown a willingness to strengthen religious rights in other cases.