Former Kentucky Clerk Again Seeks Supreme Court Review To Overturn Same-Sex Marriage Ruling

Kim Davis, the former Kentucky county clerk jailed in 2015 for refusing to issue marriage licenses to same-sex couples, has petitioned the Supreme Court to overturn the landmark 2015 Obergefell v. Hodges decision that legalized same-sex marriage nationwide. Represented by the religious legal nonprofit Liberty Counsel, Davis argues that Obergefell was wrongly decided based on the legal fiction of substantive due process, a doctrine conservatives have also challenged in the Dobbs decision that overturned Roe v. Wade. The petition claims that Obergefell threatens religious liberty, citing dissenting justices who warned of its consequences, and asserts that Davis' First Amendment rights were violated when she was compelled to issue licenses that conflicted with her Christian beliefs. Davis also seeks to overturn a federal ruling requiring her to pay damages and attorney fees to a same-sex couple she refused to license, arguing she should have qualified immunity and personal First Amendment protections despite acting in a government role. The case highlights ongoing conflicts between religious freedom claims and LGBTQ+ rights, as well as the Supreme Court's role in potentially revisiting its prior constitutional interpretations on marriage equality. Davis' lawyers urge the Court to revisit and reverse Obergefell in light of recent legal shifts and challenges to substantive due process.