Supreme Court declines to hear case on constitutionality of same-sex marriage" https://www.scotusblog.com/2025/11/supr [View all]

Cross post from GD


Source-https://www.scotusblog.com/2025/11/supreme-court-declines-to-hear-case-on-constitutionality-of-same-sex-marriage/


-"The Supreme Court on Monday morning turned down a request from Kim Davis, a former county clerk in Kentucky, to reconsider its 2015 decision recognizing a constitutional right to same-sex marriage. In a brief, unsigned order, the justices rejected Davis’ petition for review of a ruling by a federal appeals court upholding an award of $100,000 to a gay couple to whom she had refused to issue a marriage license. That petition had also asked the justices to overrule the 2015 decision, Obergefell v. Hodges, arguing that a right to same-sex marriage “had no basis in the Constitution.”

As is generally the case when it denies petitions for review, the court did not provide any explanation for its decision not to hear Davis’ case. If any justices disagreed with the decision not to take up the case, they did not note that disagreement publicly.

The dispute began more than a decade ago, when – in the wake of the court’s decision in Obergefell – Davis, whose job description included issuing licenses, refused to issue a marriage license to a gay couple, David Moore and David Ermold. Davis then decided to stop issuing marriage licenses to any couple, gay or straight. This included Moore and Ermold, whom she told that she was acting “under God’s authority” and that they could get a marriage license in a different county.

Two different lawsuits followed: one by Moore and Ermold, who contended that she had violated their constitutional right to marry; and one challenging her refusal to issue any marriage licenses. In the latter case, U.S. District Judge David Bunning ordered Davis to issue licenses to both gay and straight couples. That prompted Moore and Ermold to try once again to obtain a license, but Davis and her deputies rejected that request, as well. Kentucky eventually enacted a law that would accommodate county clerks like Davis by removing their names and signatures from the forms used for marriage licenses."


More there.
The RW lawyers are looking for a better case for them in my opinion.