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Supreme Court Weighs Whether to Hear Kim Davis Appeal Targeting Obergefell

Analysts call the bid a long shot given its narrow focus on damages and official immunity.

Overview

  • Justices met in a private conference Friday to consider Davis’s petition, with an announcement on whether they will take the case possible as soon as Monday.
  • Davis seeks review of lower-court rulings that held her personally liable after she refused in 2015 to issue marriage licenses to same-sex couples, resulting in roughly $360,000 in damages and fees.
  • The 6th Circuit rejected her First Amendment and immunity defenses, holding that a government official cannot deny citizens’ constitutional rights based on personal beliefs.
  • While Davis also urges the court to reconsider Obergefell v. Hodges, legal experts note the case chiefly raises narrower questions that make it an unlikely vehicle to revisit the marriage-rights precedent.
  • Even if the court grants review, the Respect for Marriage Act would continue to require federal and interstate recognition of same-sex marriages already performed.