
On Monday, November 10, the U.S. Supreme Court rejected former Kentucky county clerk and same-sex marriage opponent Kim Davis’ appeal of a lower court’s decision against her — including a petition demanding that the court revisit and overturn its landmark ruling legalizing same-sex marriage.
The nation’s highest court denied a writ of certiorari, which would have signaled its intention to review Davis’ case — and the 2015 Obergefell v. Hodges decision, which struck down state-level bans on same-sex marriage. It would have taken four justices to agree to hear Davis’ challenge.
However, unlike in other cases involving LGBTQ rights, no justices explicitly dissented from the court’s decision to deny Davis’ request, according to The Hill.
Davis, the former county clerk of Rowan County, in eastern Kentucky, made headlines shortly after the Obergefell decision was handed down, by refusing to issue marriage licenses to any couple, regardless of sexual orientation, in order to avoid issuing licenses to same-sex couples.
She also barred her deputies and other office employees from issuing marriage licenses, objecting to the fact that her name and title were listed on them.
Several couples denied licenses challenged Davis’ refusal, with a federal judge ordering her to issue the licenses or face contempt of court. She was jailed for five days for refusing, but eventually allowed her deputies to issue marriage licenses.
Kentucky lawmakers later changed the law to remove clerk’s names and titles from marriage certificates in order to cater to Davis and other clerks with religious objections to same-sex marriages and their desire not to be seen as condoning such unions.Â
One of the couples who had been denied a license by Davis — David Ermold and David Moore — sued, accusing her of violating their constitutional rights. A jury awarded the couple $100,000, with a judge later ordering Davis to pay an additional $260,000 to the couple to cover the cost of attorneys’ fees.Â
Davis and her attorneys at Liberty Counsel — a right-wing, anti-LGBTQ legal group — appealed the ruling, claiming she was denied a religious accommodation despite her belief that issuing marriage licenses to same-sex couples violated her faith. They argued she shouldn’t be held personally liable for damages, but the 6th U.S. Circuit Court of Appeals upheld the judgment in favor of Ermold and Moore.
Davis and her attorneys then appealed the damages and attorneys’ fees, while also urging the Supreme Court to reconsider Obergefell v. Hodges. They claimed the couple’s lawsuit would never have existed if the court hadn’t struck down Kentucky’s same-sex marriage ban, and argued that the justices had been wrong to legalize same-sex marriage in the first place.
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