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CHRISTIAN BREAKING NEWS: Kim Davis vs. Gay Marriage: Could the Supreme Court Overturn Obergefell? [#KimDavis #GayMarriage #SCOTUS #Obergefell]

Kim Davis is back in the news, this time taking her fight against gay marriage to the US Supreme Court. Can Obergefell v. Hodges be overturned? Will marriage equality survive this new legal challenge?

Hi everyone,

Kim Davis, the former Kentucky clerk who made national headlines in 2015 for refusing to issue marriage licenses to same-sex couples, is back, this time seeking the US Supreme Court to hear her case.

Her petition challenges the 2015 landmark Obergefell v. Hodges ruling that legalized gay marriage nationwide. Davis, backed by Liberty Counsel, claims that her First Amendment rights were violated and seeks to overturn court-ordered penalties totaling more than $360,000.

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Kim Davis, the former Rowan County, Kentucky clerk who famously refused to issue marriage licenses to same-sex couples in 2015, has returned to court. Liberty Counsel’s legal team has filed a petition for certiorari to:
Overturn the landmark 2015 ruling in Obergefell v. Hodges that legalized same-sex marriage across the US.
Give her First Amendment protection against civil damages for her actions.

This is her second petition to the Supreme Court, which previously declined to hear the case in 2020.

Davis is appealing orders requiring her to pay the couple she denied, David Ermold and David Moore, $100,000 in emotional distress damages plus $260,000 in attorney expenses, for a total of almost $360,000.

Obergefell v. Hodges (decided in June 26, 2015) established that same-sex marriage is a fundamental right protected by the Fourteenth Amendment. It required all states to issue and recognize same-sex marriage licenses on equal terms with heterosexual couples.

In 2015, Davis refused to comply with court orders to issue such licenses, citing her religious beliefs. She spent many days in jail for contempt before her staff issued the licenses without her signature. The Kentucky legislature responded by removing the names of all clerks’ names from marriage licenses across the state.

Federal courts, including the Sixth Circuit, dismissed her claims for qualified immunity, free speech, and religious protection. All subsequent appeals have been denied.

Her lawyers argue that Obergefell was incorrectly decided and that Davis was unfairly denied First Amendment protection. They base their legal argument on recent conservative judicial trends, citing judgments like Dobbs overturning Roe v. Wade and opinions from conservative justices (e.g., Justice Clarence Thomas) who have raised skepticism about substantive due process doctrine.

They claim that public officials should not be legally penalized for religious objections while performing state duties, and that forcing issuance of same-sex marriage licenses violates constitutional religious rights.

Legal experts remain skeptical that the Supreme Court will accept the petition. While the Court has a conservative majority, there is widespread public and political support for marriage equality, strengthened by the Respect for Marriage Act (a federal statute passed in 2022 that protects marriage rights regardless of any Supreme Court changes).

A successful reversal of Obergefell would have far-reaching consequences for millions of married same-sex couples and the legal framework governing LGBTQ+ equality.

Kim Davis is once again pressing her court appeal in the hopes of overturning a decade-old decision and avoiding financial liability. It is unclear whether the Supreme Court will accept or grant review—but the stakes are high, both legally and socially.

QUESTIONS: Should government clerks be forced to act contrary to their beliefs? Will the Supreme Court reopen the debate on same-sex marriage? Do you believe Obergefell should be overturned? Why, or why not?

What Davis is requesting
Review to overturn Obergefell and grant her First Amendment defense
Previous petition
Denied in 2020 by the Supreme Court
Civil penalties she faces
~$360,000 in damages + attorney fees
Main legal arguments
Religious liberty, qualified immunity, rejection of substantive due process doctrine
Likelihood of reversal
Considered low, due to precedent and public/related federal protections

Kim Davis vs. Gay Marriage: Could the Supreme Court Overturn Obergefell? | Christian Breaking News!

Kim Davis vs. Gay Marriage: Could the Supreme Court Overturn Obergefell? | Christian Breaking News!