Supreme Court Asked to Overturn Same-Sex Marriage Ruling

A former county clerk in Kentucky filed a case with the Supreme Court that asks the court to overturn Obergefell v. Hodges, the landmark ruling from 2015 that guaranteed the right to same-sex marriage nationwide.

The Case: Kim Davis is a former county clerk in Rowan County, Kentucky, who was briefly jailed and ordered to pay $360,000 in emotional damages and legal fees for refusing to issue marriage licenses to same-sex couples on the basis of her Christian religious beliefs. Davis and her attorneys argued that her First Amendment right to religious freedom should protect her and that the decision recognizing same-sex marriages was wrongfully decided and should be overturned.

Will the Supreme Court Hear the Case? The court scheduled the case to be considered on September 29 at the justices’ conference. Forbes (Center bias) reported that the court will “often re-list particularly controversial cases,” so the court could potentially spend months deciding if they will hear the case. After Roe v. Wade was overturned, Supreme Court Justice Clarence Thomas suggested that Obergefell could be next, saying that it relied on the same “erroneous” arguments as Roe. It’s uncommon to overturn precedents set by earlier cases, but it has become more common in recent years as justices decide previous precedents were wrong or poorly reasoned. 

What Happens if Obergefell is Overturned? The Respect for Marriage Act requires all states to recognize same-sex marriages that were performed in states where it is legal. However, if it is overturned, same-sex couples may only be able to get married in certain states if some states stop allowing it.

How the Media Covered It: The Independent (Lean Left) noted that though more than two-thirds of Americans support same-sex marriage, “the appeal comes at a time when conservative groups and states are pushing to roll back the protections from Obergefell.” New York Post (Lean Right) quoted the founder of Liberty Counsel, the nonprofit law firm representing Davis, who said that Obergefell “threatens the religious liberty of Americans who believe that marriage is a sacred union between one man and one woman.”

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