"The Supreme Court on Nov. 10 denied a petition asking the justices to revisit Obergefell v. Hodges, the 2015 decision extending marriage rights to queer couples nationwide. The petition was lodged by Kim Davis, a former Kentucky county clerk who rose to prominence when she was jailed for refusing to issue marriage licenses to same-sex couples. Davis, in her petition, had also asked the court to consider reversing hundreds of thousands of dollars in fines and attorney fees related to her refusal to issue marriage licenses to gay couples."
"Four justices would have had to agree to revisit the case in order for it to move forward. The court offered no comment on its decision. In 2015, the Supreme Court ruled 5-4 in favor of extending marriage equality nationwide as a right under the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution."
"In her long-shot petition, Davis - backed by Liberty Counsel - made the case that the decision was wrong "because it was grounded entirely on the legal fiction of substantive due process," and that Obergefell should be overturned "because the right articulated is neither carefully described nor deeply rooted in the nation's history." The petition also argued that Obergefell should be reversed "because the Constitution makes no reference to same-sex marriage and no such right is implicitly recognized by any constitutional provision.""
The Supreme Court on Nov. 10 denied a petition seeking reconsideration of Obergefell v. Hodges, which extended marriage rights to same-sex couples nationwide in 2015. The petition was filed by Kim Davis, a former Kentucky county clerk jailed for refusing to issue marriage licenses to same-sex couples, and sought reversal of fines and attorney fees tied to her refusal. Davis, backed by Liberty Counsel, argued that Obergefell relied on substantive due process, lacked historical roots, and that the Constitution does not reference or implicitly recognize same-sex marriage. Four justices would have been needed to grant review; the court offered no comment. In 2022, Congress passed the Respect for Marriage Act to require states to respect existing same-sex and interracial marriages. An attorney involved in Obergefell expressed confidence in the long-term stability of marriage equality.
Read at Gay City News
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