Sarah Toce
The Supreme Court of the United States declined Monday to hear a case that challenged its landmark 2015 ruling legalizing same-sex marriage nationwide, thereby leaving intact the protections of the Obergefell v. Hodges decision.
The court rejected an appeal by Kim Davis, a former Kentucky county clerk who had refused to issue marriage licenses to same-sex couples on religious grounds. Her legal team sought not only relief for her damages liability, but also aimed to reopen the underlying constitutional question, which the high court declined.
Because the justices declined review, the 2015 decision remains the federal law of the land, preserving marriage rights for same-sex couples in all states — including here in Washington state and across the country.
Legal observers note that although some justices on the court have previously expressed concerns about the 2015 decision’s foundation, the court’s refusal to revisit the issue signals the matter is off the immediate table. For example, Justice Amy Coney Barrett indicated the court might overturn precedent in some cases — but added that same-sex marriage may be different because people have built lives and families around the existing ruling.
Background
In Obergefell v. Hodges, the Supreme Court held that state bans on same-sex marriage violated both the Due Process and Equal Protection Clauses of the U.S. Constitution. Davis’ originates from her refusal in 2015, in Rowan County, Kentucky, to issue marriage licenses to same-sex couples, leading to court orders, a brief jailing for contempt and later civil liability.
Davis had asked the court not only to relieve her of the damages judgment — more than $360,000 — but also to use the case to reconsider the 2015 ruling. The court’s decision not to take the case signals it won’t reopen the marriage-equality issue for now.
Although the high court did not act, legal scholars say there may still be challenges in lower courts or at the state level on related issues such as religious-liberty claims by public officials.
