Supreme Court Weighs Kim Davis Appeal That Could Challenge Same-Sex Marriage Rights
The Supreme Court is set to decide on Friday whether to hear the appeal of Kim Davis, a former Kentucky county clerk who was jailed in 2015 for refusing to issue marriage licenses to same-sex couples. Davis is seeking to overturn the landmark Obergefell decision that legalised same-sex marriage nationwide. Davis's petition is the first since 2015 to formally ask the Supreme Court to reverse the Obergefell ruling. She argues that the decision was a 'legal fiction' and that her religious beliefs exempt her from personal liability for denying marriage licenses. However, an attorney for the couple Davis owes damages to has argued that Davis's case does not warrant Supreme Court review. If the Supreme Court were to accept the Davis case, it remains uncertain whether a majority of justices would choose to undermine or overturn the Obergefell decision. Meanwhile, at least nine states have introduced legislation in 2025 aimed at blocking new marriage licenses for LGBTQ people or urging the Supreme Court to reverse Obergefell. In Texas, courts have adopted new rules allowing judges to refuse to perform wedding ceremonies for same-sex couples based on religious beliefs. The Respect for Marriage Act, passed in 2022, requires the federal government and all states to recognise legal marriages of same-sex and interracial couples, even if there is a future change in the law. The Supreme Court's decision on whether to hear Kim Davis's appeal will have significant implications for the future of same-sex marriage rights in the United States. If the court decides to take up the case, it could potentially revisit and potentially overturn the Obergefell decision, with uncertain consequences for the LGBTQ community.
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