The U.S. Supreme Court on Friday will consider whether to take up the appeal of former Kentucky county clerk Kim Davis, who is asking the justices to overturn Obergefell v. Hodges, the landmark 2015 ruling that guaranteed marriage rights for same-sex couples nationwide.
Davis became a national flashpoint after she refused to issue marriage licenses to a gay couple, citing religious objections, despite the Supreme Court’s ruling. She spent six days in jail for defying a federal court order and was later ordered by a jury to pay the couple $100,000 in emotional-distress damages, plus $260,000 in legal fees.
In her August petition for certiorari, Davis argues that the First Amendment’s guarantee of religious free exercise shields her from personal liability. She also claims Obergefell was wrongly decided, calling it “legal fiction.”
“The mistake must be corrected,” her attorney Mathew Staver wrote, saying the case presents an issue of “exceptional importance” because Davis is the first public official jailed in the U.S. for refusing to act against her religious convictions regarding marriage.
The justices will review the petition during their closed-door conference, where at least four votes are needed for the Court to grant a hearing. The Court typically announces conference decisions the following Monday.
This is believed to be the first formal request since 2015 for the Court to revisit or overturn Obergefell. Davis is one of the few individuals with ongoing legal standing to challenge the precedent.
An attorney for David Ermold and David Moore—the couple awarded damages—urged the Court to reject the appeal, arguing Davis has failed to present any compelling reason for the justices to intervene.
























