2LT International News

WASHINGTON, D.C.: The U.S. Supreme Court privately discussed late this week whether to take up a challenge that seeks to overturn its landmark 2015 ruling that legalized same-sex marriage nationwide.

Among the new petitions on the agenda is an appeal from Kim Davis, the former Kentucky county clerk who became widely known for refusing to issue marriage licenses to same-sex couples after the court’s decision in Obergefell v. Hodges. Davis is asking the justices to overturn a lower court order requiring her to pay $360,000 in damages and attorney’s fees to a couple she denied a license to.

The justices could announce as early as November 10 whether they will hear her case. Davis’ lawyers have urged the court to revisit Obergefell, citing the writings of Justice Clarence Thomas, who has previously called for the 2015 ruling to be reconsidered.

Thomas was one of four dissenters in the original case, along with Chief Justice John Roberts and Justice Samuel Alito, both of whom still sit on the bench. Roberts has not publicly revisited the issue since his dissent, while Alito has continued to criticize the decision but recently said he is not calling for it to be overturned.

Justice Amy Coney Barrett, who joined the court in 2020, has said that some past decisions can be reversed if they are deemed wrong, pointing to the 2022 ruling that ended the constitutional right to abortion. However, she has also suggested that same-sex marriage may be different because many Americans have relied on the verdict to build their families and lives.

Davis first gained national attention in 2015 when, as clerk of Rowan County in eastern Kentucky, she refused to issue marriage licenses to same-sex couples, citing her religious beliefs. She continued to defy court orders until a federal judge jailed her for contempt of court.

She was later released after her office began issuing licenses without her name. In response to the controversy, Kentucky lawmakers passed legislation removing all county clerks’ names from marriage licenses statewide.

Davis, who was later defeated in her 2018 reelection bid, has continued to argue that she was acting in defense of her religious freedom.