Defendant in Landmark Gay Marriage Case Seeks Supreme Court Reconsideration

A new petition has been filed urging the U.S. Supreme Court to revisit one of its most consequential rulings: the 2015 decision that legalized same-sex marriage nationwide.

The move challenges the landmark Obergefell v. Hodges case, which brought legal recognition of gay marriage across all states after a series of court battles.

Kim Davis, the former county clerk in Kentucky, became the focal point of the case after refusing to issue marriage licenses to same-sex couples. 

Her actions led to her arrest and six days in jail for contempt of court. Davis’s stance ignited nationwide controversy, with evangelical groups rallying around her as a defender of religious liberty against what they viewed as government overreach.

Attorney Matthew Staver, representing Davis, expressed hope the Supreme Court will grant the petition to revisit Obergefell. 

In the filing, Staver described the ruling as “egregiously wrong,” “deeply damaging” and “far outside the bound of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed.” 

He argued the case presents an opportunity to reexamine substantive due process claims that “lack any basis in the Constitution.”

The petition also asserts that Obergefell has caused “disastrous results,” citing challenges faced by individuals like Davis who find it difficult to fully participate in society without violating their religious beliefs due to Obergefell and related anti-discrimination laws. 

It warns that the ruling’s “creation of atextual constitutional rights” continues to infringe upon religious freedom and should be reconsidered.

Opposing the petition, William Powell, attorney for the couple denied licenses by Davis, expressed confidence the Supreme Court will reject the attempt. 

“We are equally confident the Supreme Court will likewise agree that Davis’s arguments do not merit further attention,” Powell said, per Trending Politics.

Since the Obergefell decision, the Supreme Court has undergone significant changes, including the 2022 ruling overturning Roe v. Wade. 

Conservative justices such as Clarence Thomas have indicated willingness to revisit major precedents like Obergefell. 

Should the Court overturn the ruling, the power to regulate same-sex marriage would return to individual states, many of which currently lack explicit protections for gay marriage.

Legal experts remain divided on whether the Court will take up the case or reverse Obergefell. 

Daniel Urman, law professor at Northeastern University, said it is unlikely the Court’s conservative majority—including Neil Gorsuch, Amy Coney Barrett, Brett Kavanaugh and Chief Justice John Roberts—would completely overturn the ruling. 

Urman noted, “There’s a chance that a conservative majority could use the case to expand the rights of religious objectors to same-sex marriage, but that’s not the same as overturning the right itself.”

Urman also pointed to the cultural entrenchment of same-sex marriage and its sustained popularity in public opinion polls as factors working against a full reversal. 

“Culturally, same-sex marriage has become embedded in American life, and it is still popular in public opinion polls,” he said.

The petition clarifies that existing same-sex marriages would be grandfathered in if the ruling is overturned, preserving unions legally formed under Obergefell.

The Supreme Court’s decision on whether to hear this case will be closely watched, as it could significantly reshape the landscape of marriage rights and religious liberty debates nationwide.

The post Defendant in Landmark Gay Marriage Case Seeks Supreme Court Reconsideration appeared first on Resist the Mainstream.