The U.S. Supreme Court has received its first formal request in a decade to revisit and overturn Obergefell v. Hodges, the 2015 decision that legalized same-sex marriage nationwide. The petition was filed last month by Kim Davis, the former Rowan County, Kentucky, clerk who spent six days in jail in 2015 after refusing on religious grounds to issue marriage licenses to same-sex couples. Davis is appealing a lower-court judgment that ordered her to pay $100,000 in emotional-distress damages and $260,000 in attorneys’ fees to a couple denied a license. Her filing argues that the First Amendment’s Free Exercise Clause shields her from personal liability and contends the Obergefell ruling was “egregiously wrong” and should be overturned. Legal scholars say the bid faces long odds, noting that lower courts have consistently rejected Davis’s arguments and that the Supreme Court could simply decline to hear the case. The justices are expected to consider the certiorari petition at a private conference this fall; four votes would be needed to place the matter on the docket, potentially for argument next spring. The petition comes amid renewed efforts by some conservative groups and state legislatures to roll back federal protections for same-sex marriage. While public support for marriage equality remains near 70 percent, Gallup polling shows Republican backing has slipped to 41 percent. If the Court took the case and ultimately reversed Obergefell, marriage policy would revert to the states, though existing unions would remain recognized under the 2022 Respect for Marriage Act.
If the Supreme Court overturns gay “marriage,” as is currently under consideration, it would be banned in as many as 32 states overnight. Follow: @AFpost https://t.co/TEdmO3B5o1
In a petition announced by Kim Davis’ attorneys, she asked SCOTUS to analyze the “legal fiction of substantive due process” in a move to strike down Obergefell v. Hodges. @ASwoyer reports: https://t.co/C3OpJ3nZKm
La Cour suprême américaine appelée à se prononcer pour la première fois sur l'annulation du mariage homosexuel https://t.co/2mfXGUocEC https://t.co/GS6SRKjo0D