Overview

• Kim Davis’s certiorari petition asks the high court to overturn Obergefell v. Hodges as “egregiously wrong” and to block enforcement of about $100,000 in emotional damages and $260,000 in attorneys’ fees
• A Sixth Circuit panel earlier this year rejected her First Amendment claim, ruling that state officials sued under Section 1983 cannot invoke free-exercise protections to avoid liability for official duties
• The Supreme Court will consider her petition at its private fall conference, where four votes are required to grant review and five votes to reverse established precedent
• Legal scholars widely view Davis’s appeal as a poor vehicle for revisiting substantive–due–process rulings, citing procedural flaws and strong public support for same-sex marriage
• Even if the Court granted review and ultimately narrowed Obergefell, the 2022 Respect for Marriage Act would continue to protect existing same-sex marriages