Overview
- The justices will take up Davis’s petition at a private conference on November 7, the first time the case is being considered and a step that typically precedes multiple conferences before any grant.
- If the Court denies review at that first meeting, the decision could be announced as soon as November 10.
- Filed July 24, Davis’s petition seeks reversal of her loss and expressly asks the Court to overrule Obergefell v. Hodges.
- The Sixth Circuit ruled earlier this year that Davis acted as a government official not protected by the First Amendment when she denied a license, after a 2023 jury awarded David Moore and David Ermold $50,000 each.
- The Court asked Moore and Ermold to respond after an initial waiver, as legal observers note any granted review could be resolved on narrower grounds with federal recognition of marriages safeguarded by the Respect for Marriage Act.