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

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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.”

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Thailand Likely To Legalize Same-Sex Marriage After Bill Passes In Parliament 

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Lawmakers in the lower house of parliament in Thailand have approved a marriage equality bill that would make the nation the first south-east Asian country to legalize same-sex marriages for partners of any gender. 

400 out of 415 lawmakers voted in favor of the bill on Wednesday. Video footage was released from inside parliament after the decision showing people standing and applauding the vote. 

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Danuphorn Punnakanta, a spokesperson for the majority Pheu Thai Party and president of the committee overseeing the marriage equality bill, posted to social media after the vote celebrating the bill’s passing. 

“The right to equality in Thailand has begun today. It is the beginning, and further legislation for people’s rights and freedom will follow.”

The bill will now need to be approved by the senate and endorsed by the Thai king. After the endorsement, the bill would be published in the Royal Gazette and become law after 60 days. If this were to happen, Thailand would join Taiwan and Nepal as the only Asian countries to legalize same-sex marriage. 

“Today is considered a good sign that Thailand will be the first country in south-east Asia to have equal marriage laws. It raises the level of Thailand in the eyes of the world,” The Pheu Thai post stated.  

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Mookdapa Yangyuenpradorn, human rights associate at Fortify Rights, said in a statement:

“Thailand is close to becoming the first country in south-east Asia to ensure marriage rights for LGBTI+ couples, which is a cause for celebration; however, certain shortcomings in the current draft must be addressed to ensure all rights extend to LGBTI+ persons.”

“Before the final reading of the bill by the lower house, it is imperative that parliamentarians eliminate the presence of gendered language in the current draft that may limit rights for LGBTI+ persons, particularly rights for LGBTI+ couples with children,” Yangyuenpradorn said. 

“[Punnakanta’s committee in charge of consolidating the draft bills] considered that some sections of the motion contain wording that is inconsistent with the current social context. Therefore, the wording has been adjusted to be appropriate for gender equality,” according to the Pheu Thai post.

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Conservative Clergy In Church Of England Protesting Same-Sex Marriage Blessing Plan

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The Church of England recently announced plans to offer blessings for the civil marriages of same sex-couples, a move that many conservative clergy and parishioners are protesting, stating that it’s against biblical teachings. 

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Japan Courts Say Ban On Same-Sex Marriage Is Constitutional 

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A Japanese court ruled this week that a ban on same-sex marriage is not considered unconstitutional, marking a major setback to LGBTQ rights in the only Group Of Seven nations that does not allow same-sex marriages. 

Three same-sex couples filed the original suit in a district court in Osaka. The courts rejected the claim that banning same-sex marriage is unconstitutional, as well as rejected the couples demands for 1 million yen ($7,600) in damages. Machi Sakata, who was able to marry her partner legally in the US, spoke to the media about the ruling. 

“I actually wonder if the legal system in this country is really working. I think there’s the possibility this ruling may really corner us in the community.”

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Japan’s constitution defines marriage as “being based on the mutual consent of both sexes.” There’s been a major rise in LGBTQ advocacy throughout Japan as of late, leaving many citizens hopeful that this court case would rule in favor of the community.

However, the Osaka court ruled that “marriage is defined as being only between opposite genders,” and not enough debating has occurred within Japan to make a proper ruling over same-sex marriage. 

“We emphasized in this case that we wanted same-sex couples to have access to the same things as regular couples,” said lawyer Akiyoshi Miwa, who also claimed they would be appealing the court’s decision. 

While Japanese law in general is considered to be fairly liberal when compared to other Asian law standards, Taiwan is the only country to have legalized same-sex marriage nationwide in the continent. 

The current law in Japan states that same-sex couples cannot get legally married, are not allowed to inherit each other’s assets, and cannot gain parental rights over each other’s children. 

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Partnership certificates in the country allow same-sex couples to rent property together and have hospital visitation rights, but it doesn’t compare to the full legal rights granted to heterosexual couples in the nation.

The Tokyo prefectural government made some strides in protecting LGBTQ rights last week when they passed a bill that would recognize same-sex partnership agreements. This means more than half of the population in Japan will have the ability to gain recognition for their partnerships from local governments. 

Prime Minister Fumio Kishida claimed that the issue of legalizing same-sex marriage needs to be carefully considered, however, his party has made no set plans to review the matter or propose new legislation. 

Masa Yanagisawa is the head of prime services at Goldman Sachs and a board member for the LGBTQ activist group “Marriage For All Japan,” who stated that legalizing same-sex marriage would have “far-reaching implications both socially and economically, as well as help attract foreign firms to the world’s third biggest economy.” 

“International firms are reviewing their Asian strategy and LGBTQ inclusivity is becoming a topic. International businesses don’t want to invest in a location that isn’t LGBTQ-friendly,” Yanagisawa stated before the verdict this week.