The United States Supreme Court has declined to hear an appeal from Kim Davis, the former Kentucky county clerk who sought to overturn the landmark 2015 ruling that legalised same-sex marriage across the country.

In a brief, unsigned order issued on Monday (10 November), the justices rejected Davis’ petition without comment, leaving intact the decision in Obergefell v. Hodges, which established that same-sex couples have a constitutional right to marry under the 14th Amendment. No dissenting opinions were noted, and the court offered no explanation for its decision. 

Davis rose to national prominence in 2015 when she refused to issue marriage licences to same-sex couples following the Obergefell ruling, citing her religious beliefs. Her refusal led to legal action from David Moore and David Ermold, a couple who were repeatedly denied a licence by Davis and her deputies. Davis was briefly jailed for contempt of court after defying a federal order to comply.

Kim Davis

The couple eventually received their licence from a deputy clerk, but pursued damages for the emotional distress caused. A jury awarded them $50,000 each, and Davis was also ordered to pay $260,000 in legal fees. Davis appealed, arguing that her First Amendment rights protected her actions. However, the Sixth Circuit Court of Appeals ruled that as a government official, Davis’ personal religious beliefs could not override her constitutional obligations. 

In her petition to the Supreme Court, Davis not only challenged the damages ruling but also asked the justices to reconsider Obergefell v. Hodges, claiming the decision lacked constitutional grounding. Her appeal sparked concern among LGBTQ+ advocates, especially in light of the court’s 2022 reversal of Roe v. Wade, which led Justice Clarence Thomas to suggest revisiting other substantive due process rulings, including those on same-sex marriage and contraception.

Despite the court’s current 6–3 conservative majority, Davis failed to secure the four votes needed for the Supreme Court to take up her case. Legal experts had widely viewed her petition as a long shot, and advocacy groups welcomed the court’s decision as a reaffirmation of marriage equality.

The ruling ensures that Obergefell v. Hodges remains the law of the land, safeguarding the rights of over 800,000 married same-sex couples in the United States.

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