Supreme Court Rejects Challenge to Same-Sex Marriage Ruling

The U.S. Supreme Court has decided not to hear a challenge to the landmark same-sex marriage ruling, Obergefell vs. Hodges, initiated by former Kentucky county clerk Kim Davis. This decision, announced on November 10, 2023, maintains the court’s earlier position on same-sex marriage rights established in 2015.

Davis, who gained national attention for refusing to issue marriage licenses to same-sex couples, argued that the Obergefell decision contradicted her religious beliefs. She called for the Supreme Court, which has a 6-3 conservative majority, to overturn the ruling, asserting that it relied on a “legal fiction” tied to the 14th Amendment’s due process clause. Furthermore, she contended that a ruling against her, which required her to pay damages to a same-sex couple she denied a license, infringed upon her First Amendment rights to the free exercise of religion.

The case involved plaintiffs David Ermold and David Moore, who sought a marriage license in 2015 and subsequently sued Davis for her refusal. The court found that she had violated a judge’s order mandating the issuance of the license. The couple was awarded $100,000 in emotional distress damages and an additional $260,000 in attorneys’ fees.

The couple’s legal team emphasized that the Supreme Court should hold Davis accountable for her actions. They noted that addressing the question of whether to overrule Obergefell would necessitate examining complex issues related to Davis’s liability.

According to the Williams Institute at the UCLA School of Law, there are currently an estimated 823,000 married same-sex couples in the United States. Legal advocates have expressed concerns about the implications of revisiting this ruling. Mary Bonauto, a senior director with LGBTQ Legal Advocates & Defenders, stated that the Supreme Court’s decision to decline review was a protective measure for marriage equality, which she described as beneficial for couples, families, and society at large.

In a recent interview, James Obergefell, whose lawsuit was pivotal in legalizing same-sex marriage, voiced his apprehension regarding Davis’s case. He remarked, “At this point, I do not trust the Supreme Court,” highlighting the ongoing tensions surrounding this issue.

The Supreme Court’s refusal to engage with Davis’s challenge underscores the continuing legal stability surrounding same-sex marriage in the United States, a significant development for advocates of LGBTQ rights across the nation.