The U.S. Supreme Court is slated to decide on November 7 whether it will hear an appeal mounted by Kim Davis, the former Rowan County Clerk who garnered national attention in 2015 for her refusal to issue marriage licenses to same-sex couples. This decision, if taken up, could potentially revisit the Court’s landmark Obergefell v. Hodges ruling, which legalized same-sex marriage across the nation.
Kim Davis, convicted in the public eye for denying a marriage license to David Moore and David Ermold, a same-sex couple, challenged the directive that was spawned out of the Obergefell decision. Her argument is founded on religious grounds, citing that issuing marriage licenses to same-sex couples would contravene her First Amendment rights. After the 6th Circuit Court denied her appeal, asserting that her actions as a government official did not warrant First Amendment protection, Davis petitioned the Supreme Court for a rehearing.
Davis seeks the Court’s reassessment of Davis v. Ermold, arguing that the original ruling placed her in a conflict between her job responsibilities and her religious beliefs. Her appeal, noted for its lack of timely presentation in lower courts, poses procedural issues that Moore and Ermold’s legal team argue should exempt it from further review.
The Supreme Court’s decision to take on the case involves internal considerations on whether there exist four affirmative votes in favor of revisiting the issue. Crucially, any subsequent action would require a fourth and a decisive fifth vote in order to potentially reverse Obergefell.
Davis’s filing has rallied interest and scrutiny, particularly given its implications for First Amendment interpretations relating to religious freedoms and governmental duties. The Court’s conference on November 7 will be closely watched as it deliberates the appellate question. A decision to not hear the appeal could come as early as November 10. For additional insights and developments, see the latest coverage on SCOTUSblog.