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13h ago

Supreme Court to Weigh Kim Davis’s Petition to Overturn Same-Sex Marriage Ruling

It argues that First Amendment religious-liberty protections shield Davis from damages; the justices will decide this appeal at their private conference this fall.

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MOREHEAD, KY - SEPTEMBER 14: Rowan County clerk Kim Davis gives a statement about her intentions on applying her signature to same sex marriage licenses on her first day back to work, after being released from jail last week, at the Rowan County Courthouse September 14, 2015 in Morehead, Kentucky. Davis was jailed for disobeying a judges order for denying marriage licenses to gay couples on the basis of her religious faith. (Photo by Ty Wright/Getty Images)
GRAYSON, KY - SEPTEMBER 8: Rowan County Clerk of Courts Kim Davis waves to a crowd of her supporters at a rally in front of the Carter County Detention Center on September 8, 2015 in Grayson, Kentucky. Davis was ordered to jail last week for contempt of court after refusing a court order to issue marriage licenses to same-sex couples. (Photo by Ty Wright/Getty Images)

Overview

  • Kim Davis filed a petition in July asking the Supreme Court to overturn Obergefell v. Hodges and to immunize her from a jury award for denying marriage licenses to same-sex couples.
  • Davis contends that the First Amendment’s Free Exercise Clause shields her from personal liability for state-action damages upheld by a Sixth Circuit panel earlier this year.
  • The justices are slated to consider whether to grant review at a private conference this fall, with potential arguments in spring 2026 and a decision by June 2026 if accepted.
  • The petition leans on Justice Clarence Thomas’s Dobbs concurrence urging the Court to revisit substantive due process precedents and explicitly equating Obergefell with overturned abortion rights doctrine.
  • Legal analysts view the bid as a long shot despite the court’s conservative majority and note that the 2022 Respect for Marriage Act would preserve existing same-sex marriages even if Obergefell were reversed.