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Supreme Court Declines Calls To Overturn Landmark Same-Sex Marriage Ruling

On Monday, the US Supreme Court declined calls to overturn their landmark precedent that recognized the constitutional right to same-sex marriage. This announcement has thrown out an appeal from Kim Davis, former Kentucky county clerk. 

Davis is facing hundreds of thousands of dollars in damages and legal fees for refusing to issue marriage licenses to same-sex couples after the court made the decision in Obergefell v. Hodges. 

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“Today, love won again,” said Kelley Robinson, president of the Human Rights Campaign.

“When public officials take an oath to serve their communities, that promise extends to everyone – including LGBTQ+ people. The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences.”

LGBTQ+ advocates are celebrating after fears that the conservative court would be revisiting the gay marriage decision after they overturned Roe v. Wade three years ago, which gave the constitutional right to abortion.  

Mat Staver, the founder and chairman of Liberty Counsel, the legal group that represented Davis, stated that the former clerk is now going to face “crippling monetary damages.”

Justice Anthony Kennedy was the key swing vote who authored the Obergefell decision in 2015. Although he retired in 2018, his words regarding love, family, and liberty became just as historic as the decision. 

“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family,” Kennedy wrote

“In forming a marital union, two people become something greater than they once were.”

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Back when that decision was made, Davis was the clerk of Rowan County in Kentucky. She continued to withhold marriage licenses to same-sex couples citing her religious objections. She was then sued by multiple couples in the county and a jury ordered her to pay $360,000 in damages and legal fees. 

Davis was also placed in jail for several days after a federal court found that she violated a court order to issue licenses. 

While a majority of the coverage on Davis’ appeal was focused on her request to overturn Obergefell, a large part of her case was actually appealing the damages verdict against her, as the former clerk argues that the First Amendment’s religious protections should’ve protected her. The 6th US Circuit Court of Appeals rejected that argument. 

Veteran civil rights attorney at GLAD Law who argued for the Obergefell case, Mary Bonauto, praised the court’s fast rejection of Davis’ appeal. 

“The only thing that has changed since Obergefell was decided is that people across the country have seen how marriage equality provides protection for families and children, and that protection strengthens communities, the economy and our society,” Bonauto said

“Today millions of Americans can breathe a sigh of relief for their families, current or hoped for, because all families deserve equal rights under the law.”