Daijiworld Media Network – Washington
Washington, Nov 7: The US Supreme Court will hold a closed-door conference on Friday to consider an appeal filed by Kim Davis, the former Kentucky county clerk who refused to issue marriage licenses to same-sex couples following the landmark 2015 Obergefell v. Hodges ruling that legalized same-sex marriage nationwide.
Davis, who was briefly jailed for contempt of court after defying the order, has now petitioned the apex court to overturn the decade-old precedent, calling for what she described as a “course correction.”
The appeal comes as the justices prepare to decide which cases they will take up in the upcoming term. The court could announce its decision as early as Monday, or it could hold the petition for further discussion — a move often signaling internal debate among the justices.
The petition has reignited tensions around LGBTQ rights in the United States, with James Obergefell, the lead plaintiff in the 2015 case, expressing deep concern. “At this point, I do not trust the Supreme Court,” Obergefell told CNN, highlighting growing unease within the LGBTQ community over the court’s conservative tilt.
Since the Obergefell ruling, nearly 600,000 same-sex couples have married in the U.S., and many legal experts say reversing the decision would create sweeping complications in family law, child custody, and financial arrangements.
The court’s current composition is markedly different from that of 2015. Key liberal voices like Justice Ruth Bader Ginsburg and swing vote Justice Anthony Kennedy — who authored the Obergefell opinion — have been replaced by conservative justices Amy Coney Barrett and Brett Kavanaugh, respectively.
Despite these ideological changes, several conservative justices have recently indicated reluctance to revisit the same-sex marriage issue. Justice Samuel Alito, who dissented in Obergefell, said last month that although he found the decision inconsistent with his originalist legal philosophy, he was “not suggesting that the decision should be overruled,” emphasizing the importance of stare decisis — the principle of adhering to precedent.
However, Justice Clarence Thomas, in a 2020 opinion, had openly called for reconsideration of Obergefell, fueling speculation among activists about a possible long-term push to undo the ruling — similar to the strategy used to overturn Roe v. Wade in 2022.
For Davis, the appeal also centers on whether her religious beliefs shield her from liability under the First Amendment. The 6th US Circuit Court of Appeals earlier rejected her argument, upholding a damages verdict of $100,000 in favor of couples she denied licenses to.
While few expect the Supreme Court to reopen Obergefell immediately, legal observers note that the Davis case could mark the beginning of renewed efforts by conservative groups to challenge same-sex marriage rights.
“If not this case, it’s going to be another case,” said Mathew Staver, founder of Liberty Counsel, the religious legal organization representing Davis. “It’s not a matter of if, but when, it will be overturned.”
Civil rights lawyer Mary Bonauto, who argued the original Obergefell case, said she remains vigilant. “You can never really rest on your laurels because other forces just don’t give up,” she remarked.
As the justices deliberate behind closed doors, the future of same-sex marriage — a defining civil rights milestone of the 21st century — faces fresh scrutiny in a more ideologically divided Supreme Court.