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Supreme Court Declines Kim Davis Appeal, Leaves Same-Sex Marriage Precedent Intact

A brief, unsigned order keeps lower-court judgments against the former Kentucky clerk in place.

Overview

  • The justices denied review without comment, and no member of the court noted a public dissent.
  • The refusal to hear the case leaves a Sixth Circuit ruling intact that said Davis’s license denials were state action not protected by the First Amendment.
  • A jury awarded David Ermold and David Moore $100,000, and a judge ordered about $260,000 in attorneys’ fees, totaling more than $360,000 owed by Davis.
  • Davis’s petition sought both a First Amendment shield from liability and the overruling of Obergefell v. Hodges, requests the court declined to entertain.
  • Marriage-equality advocates welcomed the outcome, Davis’s lawyers vowed further challenges, and the Respect for Marriage Act continues to provide a federal backstop.