Supreme Court rejects bid to overturn Obergefell vs Hodges, the landmark same-sex marriage ruling

WASHINGTON, DC: The Supreme Court on Monday, November 10, rejected a long-shot appeal seeking to overturn Obergefell vs Hodges, the 2015 decision that legalized same-sex marriage across the United States.

Without comment, the justices turned away an appeal from Kim Davis, the former Kentucky county clerk who became a national figure in 2015 for refusing to issue marriage licenses to same-sex couples, citing her religious beliefs, reported NBC News. 

Davis’ case had attracted renewed attention amid concerns that the court’s conservative majority might reconsider marriage equality in the wake of the 2022 decision that overturned Roe vs Wade, the landmark ruling that had protected abortion rights for nearly five decades.

Fears of Obergefell reversal prove unfounded for now

Some LGBTQ advocates had expressed alarm over conservative Justice Clarence Thomas’ earlier suggestion that the court should revisit Obergefell and similar cases.

But none of the other justices joined that opinion, and the court’s decision on Monday did not indicate that a majority is willing to reopen the issue.

Justice Samuel Alito, who wrote the opinion on overturning Roe vs Wade, signaled just last month that he was not seeking to undo Obergefell, offering further reassurance to those who feared a broader rollback of civil rights rulings.

Kim Davis’ defiance sparked national controversy

Davis, represented by the conservative legal group Liberty Counsel, refused to issue marriage licenses after the Supreme Court’s 2015 decision, saying she could not put her name on documents authorizing same-sex unions.

Her office in Rowan County, Kentucky, turned away multiple couples, including David Moore and David Ermold, who later sued her for violating their civil rights.

A federal judge ordered Davis to issue the licenses, but she defied the injunction and was held in contempt of court, spending six days in jail. While she was detained, Moore and Ermold obtained their marriage license.

The controversy prompted Kentucky lawmakers to change state law, allowing marriage licenses to be issued without including a clerk’s name, a compromise aimed at balancing religious objections with civil rights protections.

Court upholds damages as religious freedom claims rejected

After years of litigation, a jury awarded Moore and Ermold $100,000 in damages, and Davis was ordered to pay an additional $260,000 in attorney’s fees.

She appealed, arguing that her refusal was protected under the First Amendment’s guarantee of free exercise of religion.

In March, the Cincinnati-based 6th US Circuit Court of Appeals rejected that argument, ruling that Davis’ actions violated the constitutional rights of same-sex couples.

Her subsequent appeal to the Supreme Court was seen by many conservatives as a potential test of the balance between religious freedom and LGBTQ rights.