On Monday, the Supreme Court of the United States declined to reconsider its pivotal 2015 ruling that established same-sex marriage as a constitutional right nationwide. This decision came as the justices denied an appeal made by Kim Davis, a former county clerk from Kentucky, who gained notoriety for refusing to issue marriage licenses to same-sex couples in the wake of the Obergefell v. Hodges ruling. The Court's rejection was made without any commentary.
Kim Davis was appealing a lower court's order requiring her to pay $360,000 in damages and attorney's fees to a same-sex couple whose request for a marriage license she denied. Her case highlighted the tensions between personal beliefs and judicial rulings, as she claimed that her religious convictions prevented her from complying with the Supreme Court’s decision. Davis is known for her defiance against the court orders, which eventually led to her incarceration for contempt of court in September 2015.
The Supreme Court’s decision not to intervene signifies a firm stance on the issue of same-sex marriage. While Justice Clarence Thomas has expressed interest in overturning the Obergefell decision, the majority of justices have remained silent on the subject. Chief Justice John Roberts and Justice Samuel Alito, two of the dissenting justices from the original ruling, have not advocated for its reversal since the dissent. However, Alito has continued to critique the Obergefell ruling without providing a clear path toward its overturning.
Justice Amy Coney Barrett, who joined the court after the 2015 decision, has indicated that overturning past rulings can be justified in certain circumstances, citing the recent decision that ended the constitutional right to abortion. Nevertheless, she suggested that same-sex marriage might be viewed differently, as many individuals and families have built their lives based on the ruling, forming marriages and raising children under its protection.
The Human Rights Campaign, a prominent LGBTQ advocacy organization, responded positively to the Supreme Court's decision not to hear Davis's appeal. Kelley Robinson, the president of the organization, emphasized that the ruling underscores the importance of respecting the constitutional rights of all individuals, indicating that there are consequences for refusing to do so. This sentiment reflects a broader societal commitment to upholding the rights established through the landmark same-sex marriage decision.
Davis first drew significant public attention in eastern Kentucky's Rowan County when she began declining to grant marriage licenses to same-sex couples following the Supreme Court’s ruling. Her stance was that her faith precluded her from acting against her beliefs, a position that led to considerable media scrutiny and public debate. After her contempt incarceration, she was released when her staff issued the required licenses without her name. Consequently, the Kentucky legislature later passed a law that removed county clerks' names from state marriage licenses altogether, making it more difficult for any individual clerk to refuse issuance based on personal beliefs.
In 2018, Davis lost a reelection bid, indicating a shift in public sentiment in her community following the controversy surrounding her refusal to comply with the Supreme Court ruling. The Supreme Court’s refusal to revisit the Obergefell decision solidifies the legal standing of same-sex marriage in the U.S. and signals a commitment from the judicial system to uphold the rights granted in 2015, maintaining the status quo amid ongoing discussions about religious freedom and individual rights.
