Overview
- The justices considered Davis’s petition at their Nov. 7 private conference, and the Court could announce whether it will take the case as early as Monday or hold it longer.
- Davis asks the Court to overturn a $360,000 damages and fees judgment and to revisit Obergefell, arguing her religious exercise should shield her from liability.
- The 6th Circuit rejected her First Amendment immunity claim, ruling that her actions as a county clerk were not protected in her official capacity.
- Legal analysts describe the appeal as a long shot, even with a 6–3 conservative Court, noting Justice Thomas has urged reconsideration while Justices Alito and Barrett have recently stressed respect for precedent or reliance interests.
- If Obergefell were narrowed or reversed, the 2022 Respect for Marriage Act would still require federal and state recognition of existing same-sex marriages.