Former Rowan County Clerk Kim Davis has petitioned the U.S. Supreme Court to review a civil judgment issued against her for refusing to grant marriage licenses to same-sex couples. Her actions, which took place shortly after the landmark Obergefell v. Hodges decision in 2015, have continued to spark legal debate. While plaintiffs and LGBTQ advocates have criticized the move as an attempt to undermine established rights, conservative activists have rallied behind Davis.
Davis argued that the First Amendment’s free exercise clause shielded her from personal liability while in office. She urged the Court to overturn Obergefell.
Attorney Mathew Staver wrote, “The mistake must be corrected.” Staver argued that Davis is “the first individual in the Republic’s history who was jailed for following her religious convictions regarding the historic definition of marriage, this should be it.”
Lower courts rejected her defenses and affirmed liability for state action in her role. A federal appeals panel concluded that she may not invoke the First Amendment against such claims.
Attorneys for David Ermold and David Moore have urged the Court to deny review. They noted that no appellate judge supported rehearing.
Attorney William Powell said, “Not a single judge on the U.S. Court of Appeals showed any interest in Davis’s rehearing petition, and we are confident the Supreme Court will likewise agree that Davis’s arguments do not merit further attention.”
The petition has arrived amid efforts in several states to limit recognition of same-sex marriages. Public support has remained high, but partisan divides have notably widened.
If the Supreme Court hears the case, it could revisit same-sex marriage precedents, though existing marriages remain protected under the 2022 Respect for Marriage Act.
https://www.msn.com/en-us/news/us/supreme-court-asked-to-review-marriage-ruling/ar-AA1KMc10