Overview

• Former Kentucky clerk Kim Davis has asked the Supreme Court to review Obergefell v. Hodges and affirm her refusal to issue same-sex marriage licenses as a First Amendment right.
• The Court grants certiorari in a small fraction of petitions and requires four votes for review and five to overturn established precedent, making Davis’s case a long shot.
• Lower courts, including a Sixth Circuit panel, rejected Davis’s free-exercise defense and imposed roughly $360,000 in damages and legal fees against her.
• The 2022 Respect for Marriage Act mandates interstate recognition of same-sex marriages, ensuring most unions would remain valid even if Obergefell were narrowed.
• Legal analysts warn that sensationalized coverage has overstated the petition’s near-term risk and deepened public confusion about Supreme Court procedures.