Supreme Court punts on revisiting landmark gay marriage decision
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The appeal was brought by Kim Davis, a former Kentucky county clerk who was briefly jailed after refusing to issue marriage licenses for a homosexual couple who are party to the suit.
Davis was also ordered to pay $100,000 in damages plus another $260,000 in legal fees, according to her attorneys.
Her refusal to issue the marriage license was on religious grounds, raising serious First Amendment questions.
Davis’ appeal opens: “If ever a case deserved review, the first individual who was thrown in jail post-Obergefell for seeking accommodation for her religious beliefs should be it.”
Of the three questions presented in the petition, the last reads: “Whether Obergefell v. Hodges … and the legal fiction of substantive due process, should be overturned.”
Although Justices Samuel Alito and Clarence Thomas have previously indicated a willingness to reconsider Obergefell, Davis’ case was always considered to be an uphill battle since four justices would need to assent to hearing it.
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