Supreme Court Considers Taking Up Same-Sex
Supreme Court Review
The U.S. Supreme Court is considering whether to hear a case from former Kentucky clerk Kim Davis, who wants to overturn Obergefell v. Hodges, the ruling that legalized same-sex marriage nationwide.
Davis’ attorney, Matthew Staver, said he is optimistic, while William Powell, representing the couple who sued Davis, is “confident the Supreme Court will likewise agree that Davis’s arguments do not merit further attention.”
Background
Davis spent six days in jail for refusing to issue marriage licenses to same-sex couples on religious grounds. Her case could challenge federal protections for same-sex marriage nearly a decade after Obergefell.
Arguments
Staver argued that Obergefell was “egregiously wrong,” “deeply damaging,” and has caused “ruinous consequences for religious liberty.” He said it “has no basis in the Constitution” and it is time to reevaluate and overturn it.
Expert Opinions
Legal experts are skeptical. Daniel Urman noted, “There’s a chance that a conservative majority could use the case to expand the rights of religious objectors…But that’s not the same as overturning the right itself.” Paul Collins added, the case “isn’t the right vehicle for challenging a constitutional right to same-sex marriage.”
