The US Supreme Court has declined to overturn Obergefell v. Hodges, its landmark ruling that legalised same-sex marriage nationwide.
On Monday (10 November), the court denied the appeal from Kim Davis, the former Kentucky county clerk who made headlines for refusing to sign marriage licenses for gay couples. Davis faces hundreds of thousands of dollars in damages and legal fees.
The possibility of same-sex marriage being overturned gained widespread attention in 2022 after the court’s 6-3 conservative majority overturned Roe v. Wade, ending the federal right to abortion. Another factor is that the Supreme Court is now far more conservative than the court that decided Obergefell in 2015.
According to reports, the court did not provide an explanation for its decision to deny the appeal.
Kelley Robinson, president of the Human Rights Campaign, said in a statement: “Today, love won again. When public officials take an oath to serve their communities, that promise extends to everyone – including LGBTQ+ people. The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences.”
Justice Anthony Kennedy, the key swing vote who authored the Obergefell decision in 2015 and retired three years later, added: “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than they once were.”
Davis was represented by Liberty Counsel, a far-right Christian legal group and Southern Poverty Law Center-designated anti-LGBTQIA+ hate group.
Founded in 1989, the group has consistently campaigned against LGBTQ+ rights, opposing same-sex marriage, the decriminalisation of homosexuality, and measures banning conversion therapy.
In her Supreme Court appeal, Davis raised several arguments, focusing on religious freedom and claims of sovereign immunity, while also directly challenging the Obergefell decision.
She contended that the Constitution “makes no reference to same-sex marriage and no such right is implicitly recognized by any constitutional provision.”
Mary Bonauto, a seasoned civil rights attorney with GLAD Law who argued the Obergefell case, welcomed the Supreme Court’s swift dismissal of Davis’ appeal.
“The only thing that has changed since Obergefell was decided is that people across the country have seen how marriage equality provides protection for families and children, and that protection strengthens communities, the economy and our society,” she said.
“Today millions of Americans can breathe a sigh of relief for their families, current or hoped for, because all families deserve equal rights under the law.”