Supreme Court Declines to Revisit Same-Sex Marriage Ruling, Dismisses Kim Davis Appeal

The U.S. Supreme Court on Monday refused to take up an appeal that could have reopened the debate over the constitutional right to same-sex marriage, opting instead to leave its landmark 2015 Obergefell v. Hodges decision intact.

The justices declined an appeal from Kim Davis, the former Kentucky county clerk who became a national figure after she refused to issue marriage licenses to same-sex couples, citing her religious beliefs. Davis now faces hundreds of thousands of dollars in damages and legal fees as a result of lawsuits filed against her.

The Court did not provide an explanation for its decision to deny the appeal, but the move comes amid heightened concern among LGBTQ advocates that the conservative-majority bench could revisit major precedents, especially after it overturned Roe v. Wade in 2022.

“Love Won Again,” Says LGBTQ Rights Group

“Today, love won again,” said Kelley Robinson, president of the Human Rights Campaign. “When public officials take an oath to serve, that promise extends to everyone – including LGBTQ+ people. The Supreme Court made clear that refusing to respect others’ constitutional rights carries consequences.”

However, Mat Staver, founder and chairman of Liberty Counsel, which represented Davis, criticized the ruling. “Like the abortion decision in Roe v. Wade, Obergefell was egregiously wrong from the start,” Staver said, vowing to continue efforts to overturn the precedent.

A Changed Court, but Not Its Decision

The Court that decided Obergefell in 2015 looks far different from today’s 6–3 conservative majority. Justice Anthony Kennedy, who authored the marriage equality opinion, retired in 2018, and Justice Ruth Bader Ginsburg passed away in 2020. Both were replaced by more conservative justices — Brett Kavanaugh and Amy Coney Barrett.

Still, even conservative justices have recently signaled hesitation about reopening Obergefell. Barrett told The New York Times last month that there are “very concrete reliance interests” at stake, while Justice Samuel Alito noted that the decision, though controversial, remains a precedent “entitled to respect.”

The Case Against Kim Davis

Davis, who served as clerk of Rowan County, Kentucky, refused to issue marriage licenses to all couples after Obergefell was decided, arguing that it violated her religious freedom. Multiple couples sued, and she was eventually jailed for several days for defying a court order.

A federal jury later ordered her to pay $360,000 in damages and legal fees. Her appeal argued that the First Amendment should shield her from liability, especially since she is no longer a public official. The 6th U.S. Circuit Court of Appeals rejected that argument, prompting her appeal to the Supreme Court.

Relief for LGBTQ Families

Civil rights attorney Mary Bonauto, who argued Obergefell before the Court in 2015, called the justices’ decision a relief for millions of families.

“The only thing that has changed since Obergefell was decided is that people have seen how marriage equality protects families and strengthens communities,” Bonauto said. “Today, millions can breathe a sigh of relief.”

While the decision not to hear the case sets no new precedent, it reinforces the Court’s unwillingness—at least for now—to reopen the fight over marriage equality.