Supreme Court Upholds Same-Sex Marriage Nationwide
Supreme Court Declines to Rehear Same-Sex Marriage Case
Table of Contents
Case Background
The Supreme Court on Monday, November 11, 2024, declined to hear a case challenging the constitutionality of same-sex marriage, effectively upholding its 2015 decision in Obergefell v. Hodges. The case was brought by Kim Davis, the former county clerk of Rowan County, Kentucky, who gained national attention for refusing to issue marriage licenses to same-sex couples following the 2015 ruling.
Davis sought to overturn a lower court order requiring her to pay $360,000 in damages and attorney’s fees to couples she denied licenses. Her legal team argued that the Court should reconsider its stance on same-sex marriage, citing previous statements made by Justice Clarence Thomas.
Justices’ Positions
Justice Thomas remains the sole member of the Court who has publicly called for a reversal of Obergefell v. Hodges.He was one of four dissenting justices in the original 2015 case, and Chief Justice John Roberts and Justice Samuel Alito also dissented at that time.
While Chief Justice Roberts has remained largely silent on the issue as writng his 2015 dissent, Justice Alito has continued to express criticism of the ruling, though recently indicated he does not advocate for its outright reversal. Justice Amy Coney Barrett,appointed to the Court after the 2015 decision,has suggested a distinction between overturning precedents like Roe v. Wade (which ended the constitutional right to abortion in 2022) and revisiting Obergefell, given the reliance interests developed by couples who have as married and started families.
The Davis Controversy
In 2015, Davis’s refusal to issue licenses led to a highly publicized standoff. She was briefly jailed for contempt of court after defying judicial orders until her staff issued licenses on her behalf, removing her name from the forms. The Kentucky legislature later passed a law removing the names of all county clerks from state marriage licenses.
Davis lost her bid for reelection in 2018, signaling a shift in public sentiment within Rowan County regarding her stance on same-sex marriage.