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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme court considering taking up case challenging legality of same-sex marriage
The US supreme court on Friday is considering taking up a case that could challenge the legality of same-sex marriage across the country.
Hours after ruling that Donald Trumps administration can block transgender and non-binary people from selecting passport sex markers that align with their gender identity, the justices are holding their first conference on the Davis v Ermold case. While their deliberations are typically kept private, the court may announce whether it will take the case as early as Monday.
The case involves Kim Davis, a former Kentucky county clerk who, in 2015, became a cause celebre for religious opposition to same-sex marriage after the US supreme court legalized the practice in the Obergefell v Hodges case. Davis repeatedly refused to issue marriage licenses to same-sex couples and, at the height of her fame, was even briefly jailed for contempt of court.
Two men, David Ermold and David Moore, sued Davis after she refused to give them a marriage license. After a trial, a jury awarded the couple $100,000 in damages. Davis appealed that decision, arguing that her conduct was protected by the first amendments guarantee of free exercise of religion.
https://www.theguardian.com/us-news/2025/nov/07/supreme-court-same-sex-marriage
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Just like Roe v. Wade, Obergefell v. Hodges will be overturned.
I hope I'm wrong, but I really have no hope.
Ritabert
(1,809 posts)Where's the sanctity of marriage?
ZDU
(871 posts)Loving -v- Virginia will follow
sakabatou
(45,518 posts)FBaggins
(28,577 posts)The case lost unanimously in the country's 2nd most conservative appellate circuit (the 5th) and not a single judge was interested in hearing an en-banc appeal when it was requested. There's no reason to believe that it will end up as anything other than a single line on the "CERTIORARI DENIED" section of the orders. It's just that when someone files a petition for writ of certiorari, it goes on the list to be "considered" at the next conference.
This one isn't going anywhere.
Buckeyeblue
(6,108 posts)But she swore an auth to uphold the constitution.
Volaris
(11,265 posts)let her swear that oath to Gozer the Gozerarian, if she wanted to.
Ms. Toad
(37,980 posts)It is about whether she has to perform her job, when it includes issuing marriage licenses to individuals who are legally permitted to marry.
So tired of this case being framed as if it is about the legality of marriage.
(I would not be surprised if they take it up again - but this is not the vehicle which would allow that.)
Volaris
(11,265 posts)That's called 'quitting'.
Ms. Toad
(37,980 posts)The passport case is about the lower court injunction. It reversed it. That doesn't mean it is legal to require gender markers - it means that the lower court is prohibited from blocking Trump's order UNTIL the matter proceeds through the courts. This is the normal course of events - injunctions are supposed to be rare things. While I agree that these times are unusual - and were I in the lower court's shoes - I would be issuing injunctions right and left. BUT that isn't how the courts are are supposed work, which is why there are so many of these lower court injunctions being reversed.
As to the marriage case, Davis is framing it as being about marriage, but it is really about whether she has to do her job when her moral compass doesn't align with the law. If they grant cert, they can, and almost certainly will, decide the latter (does she get a religious get-out-of-jail-free card) without touching the former (is marriage legal). Most likely they won't even grant cert.