Petitioner Asks SCOTUS To Overturn Its Obergefell Decision

A Christian petitioner has asked the U.S. Supreme Court to consider a case that could potentially overturn its 2015 ruling on same-sex marriage.

Numerous outlets have reported on a petition recently filed with the high court by former Rowan County, Kentucky, clerk Kim Davis. Liberty Counsel, a Christian organization representing Davis, states that she was previously jailed and held personally liable for her religious beliefs regarding marriage following the Obergefell v. Hodges decision.

In the Obergefell case, the Supreme Court ruled (5-4) that the due process clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, applying this analysis equally to same-sex couples. This ruling effectively opened the door for same-sex marriage across the United States.

According to Liberty Counsel, Davis’s legal troubles began after she ceased issuing marriage licenses in 2015 while seeking an accommodation for her religious beliefs. The organization claims that the courts used the Obergefell decision to deny her a religious accommodation, forcing her to choose between her beliefs and her livelihood.

In her petition, Davis’s legal team has asked the justices to consider whether Obergefell and the concept of substantive due process should be overturned. Associate Justice Clarence Thomas, in his dissenting opinion in Obergefell, warned that the court’s decision could lead to collateral damage to other aspects of constitutional liberty.

Davis’s petition was filed in July, raising questions about the sudden media attention it has received. The current makeup of the Supreme Court is notably different from when the Obergefell ruling was issued, with Republican appointees holding a 6-3 majority.

Among the current justices, Chief Justice John Roberts and Associate Justices Clarence Thomas and Samuel Alito dissented in Obergefell, while only Justices Sonia Sotomayor and Elena Kagan remain from the majority decision.

Whether enough justices will agree to hear Davis’s case and consider overturning the precedent set by Obergefell remains uncertain. At least four justices must agree to hear a case for it to be considered by the full court.

The decision on whether to take up Davis’s case could hinge on the votes of Trump appointees Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, as well as Chief Justice Roberts.