As the United States Supreme Court recently did, by rejecting Kim Davis’s appeal. She is the onetime Kentucky court clerk who sought to overturn a lower-court ruling against her refusal to issue marriage licenses to same-sex couples. This decision upholds the hard-fought national victory from 2015’s Obergefell v. Hodges decision, which declared same-sex marriage legal in all fifty states. Davis’s actions drew significant media attention and public interest, particularly in eastern Kentucky’s Rowan County.
In 2015, after the Supreme Court’s ruling, Kim Davis refused to comply with the law, asserting her faith prevented her from issuing marriage licenses to same-sex couples. Her quiet defiance made her a polarizing figure as she began turning away couples looking to get married. She garnered support from several high-profile political figures, including Republican presidential candidate Mike Huckabee, who stood by her during protests against the court’s decision.
Davis’s intransigence and refusal to issue the licenses triggered a firestorm of litigation and controversy. She received several court orders requiring her to comply, but she continued to fight back. In September 2015, a federal judge threw her in jail for contempt of court. Her actions spurred a national movement to defend her and led to a debate within the public as they weighed religious freedom against civil rights.
Ongoing Legal Struggles
After her release from jail, Davis was a still the focus of an ongoing fight over same-sex marriage. In 2018, she was defeated in her re-election campaign as the Rowan County clerk. This defeat marked a dramatic change in the public mood regarding her heavy-handedness. Davis stood testifying with passion on the line. Her goal was to reverse a judge’s ruling that required her to pay over $360,000 in damages and attorney’s fees to one same-sex couple whose marriage license she refused to issue.
The Supreme Court just declined to hear her appeal. This is the positive effect of preemption, which codifies and further reinforces the legality of same-sex marriage nationwide. Justice Clarence Thomas was among those dissenting in the original 2015 case, while Justice Samuel Alito has expressed ongoing criticisms of the decision but clarified he does not advocate for its reversal.
Chief Justice John Roberts has been curiously mute on the subject since his dissenting opinion in favor of such a move. Justice Amy Coney Barrett made clear that same-sex marriage is unique. She noted how so many people live their daily lives dependent on this decision, as opposed to other issues like abortion.
Reactions to the Decision
The Supreme Court’s decision not to consider Davis’s appeal has elicited reactions from several advocacy organizations. Kelley Robinson (above), president of the Human Rights Campaign, commended the justices for upholding constitutional rights.
“The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences.” – Kelley Robinson, Human Rights Campaign president
Following this ruling, the Kentucky legislature enacted a law removing the names of all county clerks from state marriage licenses, including Davis’s name. This legislative change aimed to ensure that personal beliefs would not interfere with the issuance of marriage licenses in the future.
