US Supreme Court Rejects Kim Davis Appeal Targeting Marriage Equality
The United States Supreme Court has refused to hear an appeal from Kim Davis, the former Kentucky clerk who physically blocked same-sex couples from receiving marriage licenses in 2015.
The court’s rejection, issued without comment, upholds a lower court’s decision and effectively ends this specific attempt to challenge the 2015 Obergefell v Hodges ruling that legalised same-sex marriage nationwide.
This was always about more than just damages.
At the heart of the appeal was a $US360,000 payment for damages and legal fees awarded to a couple Davis refused to grant a license.
Her legal team, however, was aiming for a much larger target. They used the appeal to argue that the Supreme Court should overturn Obergefell completely. The lawyers heavily referenced past statements from Justice Clarence Thomas, who remains the only justice to explicitly call for the marriage equality ruling to be erased.
So where does the rest of the court stand?
While Justice Thomas is alone in his open call, Justice Alito has also continued to criticise the 2015 decision, though he stopped short of saying it should be overturned.
More recent appointments, like Justice Amy Coney Barrett, have suggested that marriage equality might be in a different category than other recently reversed decisions. Justice Barrett noted that people have relied on the ruling to marry, have children, and structure their lives, suggesting the court may be unwilling to undo it.
A reminder that actions have consequences.
Kelley Robinson, president of the Human Rights Campaign (HRC), praised the court’s move. “The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences,” Robinson said in a statement.
Davis first gained notoriety when she defied federal court orders in 2015, citing her personal faith as reason to deny licenses. She was briefly jailed for contempt of court. The Kentucky legislature later changed state laws to remove the names of county clerks from marriage licenses.
Kim Davis lost her re-election bid in 2018.
