This past weekend, the US Supreme Court reviewed former Kentucky county clerk Kim Davis’ request to overturn the 2015 ruling for legalized same-sex marriages. After examining the American demographics and Davis’ history, the judges declined to hear the case on appeal. Justice Amy Coney Barrett explained to the nation that the bid’s rejection is different from appealing the constitutional right to abortion for a few reasons.
Understanding Obergefell vs. Hodges
The Supreme Court justices identified that the Obergefell v. Hodges 2015 ruling protects same-sex couples’ right to wed and have children. The case involved four rejected LGBTQ+ couples challenging the county clerks of Kentucky, Michigan, Tennessee, and Ohio. The state courts used the Sixth Circuit to reinstate the marriage ban.
However, the Supreme Court found that these couples married outside of their territory and were caring for adopted children. The justices then ruled that Kentucky and the three other states violated the 14th Amendment’s due process and equal protection clauses.
Then Justice Anthony Kennedy explained the reasoning, “The Constitution promises liberty to all within reach, one that includes specific rights that allow persons, within a lawful realm, to define and express their identity. The petitioners in these cases seek to find that liberty by marrying someone of the same sex and having marriages deemed lawful on the same terms of [heterosexual couples].” The case’s verdict allowed the legislators to update the 14th Amendment to legalize same-sex marriages nationwide.
Kim Davis’ Failed Appeals Against Same-Sex Marriages
Kim Davis’ case to justify her rejection of same-sex marriages came to light on June 27, 2015. She abused her position to decline not only LGBTQ+ couples but also barred all Rowan County applicants from receiving their marriage license. Her actions violated the updated 14th Amendment, as Kentucky could no longer use the marriage ban to deny licenses. The ACLU assisted two heterosexual couples and two same-sex couples in their suits against Davis.
US District Judge David L. Bunning later issued the county clerk a preliminary injunction order on Aug. 12th. She and the Rowan County office must agree to resume issuing marriage licenses to all couples, despite her religious beliefs. When she refused, Judge Bunning sentenced Davis to a short prison sentence.
The ex-license issuer continued to battle the opposition over the next decade. In 2017, Bunning ordered that the Commonwealth of Kentucky must pay the plaintiff’s attorney fees of $224,000. Their refusal resulted in a two-year feud that ended in embarrassment. The Sixth Circuit ruled in favor of the ACLU’s clients on August 23, 2019.
Attorney William E. Sharp said, “The Court of Appeals sent a strong message to the other government officials in Kentucky that not only is it unconstitutional to use public office to impose one’s personal religious views on others, but it’s also an expensive mistake.” The verdict came after Davis lost her second term to continue as Rowan County’s clerk in 2018. Her opponent, Elwood Claudill Jr., promised to restore the community after her misdeeds.
Trump-Appointed Justices Rejected Davis’ Request
After Donald Trump lost the 2020 Presidential Election, his appointed Supreme Court justices continued to serve during Joe Biden’s presidency. He appointed Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the Supreme Court. These justices shocked the US when they successfully voted to overturn Roe v. Wade on June 24, 2022. The decision revoked the rights of pregnant women to have an abortion.
Justice Samuel Alito wrote, “We therefore hold that the Constitution does not confer the right to abortion. Roe and [Planned Parenthood v.Casey] must be overruled, and the authority to regulate abortions must be returned to the people and their elected representatives.” The news greatly affected minority women and female victims of sexual assault.
Davis grew hopeful that the Supreme Court would overturn Obergefell v. Hodges’ ruling in the future. As Donald Trump regained momentum in the 2024 election, she attempted to file an appeal for reimbursement of her ongoing attorney fees. CNN reported on Jul. 24th that the owed amount increased to over $260,000.
The Liberty Counsel joined her suit because they believe the former Kentucky county clerk deserves justice. “She was entitled to a religious accommodation from issuing marriage licenses under her name and authority,” said Chairman Mat Staver.
Supreme Court Decision
Unfortunately for Davis, Trump’s Supreme Court appointed justices refused to revisit Obergefell v. Hodges on November 10, 2025. Coney Barrett informed the US that there are times when the court should correct mistakes and overturn decisions. Same-sex marriage is different for it protects everyone’s right to marry under the revised 14th Amendment.
Justice Alito, who once dissented on the 2015 decision, also did not want the Supreme Court to abolish same-sex marriage rights. The Liberty Counsel failed to persuade the justices, even with Justice Clarence Thomas doing their bidding. Due to Davis’ perseverance, her attorney fees increased to $360,000.
