The Supreme Court said nope – for now.
Justices refused to take up Kim Davis’s appeal, leaving the 2015 Obergefell v. Hodgesdecision in place and same-sex marriage the law of the land to the relief of many in West Hollywood and beyond.
Davis, the former Kentucky clerk who once refused marriage licenses to gay couples, wanted the court to erase a lower-court order requiring her to pay about $360,000 in damages and legal fees. She also hoped to use the case to reopen the fight over marriage equality itself. The court declined, offering no explanation.
Justice Clarence Thomas, who has publicly questioned Obergefell before, said nothing this time. Chief Justice John Roberts and Justice Samuel Alito, who both dissented a decade ago, also stayed quiet.
The Human Rights Campaign called the decision a relief. President Kelley Robinson said it shows that refusing to respect others’ rights carries consequences.
While the high court’s refusal to take up Kim Davis’s appeal brought a sigh of relief, we’re not out of the woods just yet. The justices didn’t reaffirm Obergefell — they simply declined to take the case. Another challenge could come any time, maybe from a state law framed as “religious freedom” or a dispute over parental rights, benefits, or adoption. Any of those could end up back before the Court, and the outcome might not be the same.
That’s why legal experts say marriage equality remains under threat. The same majority that struck down Roe v. Wade has shown a willingness to revisit precedent, and one sitting justice has already said outright that Obergefell should be overturned.
Davis is a mean-spirited soul who is looking to extend her 15 minutes of fame in the Christian-fascist movement. The high court wisely avoided this case which would have wrought untold unintended consequences within our legal system. Finally a victory for common sense.