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Barrett Urges Restraint as Supreme Court Considers Petition Targeting Marriage Equality

The Kim Davis appeal remains at the certiorari stage after the justices requested a response from the plaintiffs.

Overview

  • Justice Amy Coney Barrett told CBS that Supreme Court rulings are not opinion polls and that the court should not impose its values, urging viewers to tune out speculation.
  • In her new book, Barrett describes the right to marry as fundamental, summarizing existing doctrine that distinguishes such rights from those the court has not recognized.
  • Former Kentucky clerk Kim Davis has asked the court to revisit Obergefell v. Hodges, and the justices have sought a response from the couple who sued her, a step short of granting review.
  • At the National Conservatism Conference, panelists including Katy Faust, Jeff Shafer, and John Eastman argued for overturning Obergefell, with Eastman citing the response request as a sign of interest.
  • Hillary Clinton predicted the court could return marriage law to the states, while the Respect for Marriage Act would still require federal and interstate recognition even if states stopped issuing new licenses.