Famous pro-life resister asks Supreme Court to overturn gay marriage ruling

A famous pro-life resister has asked the Supreme Court to reconsider its decision in Obergefell v. Hodges, the landmark case that legalized gay marriage.

Over a decade ago, in 2015, then-Kentucky county clerk Kim Davis was jailed for six days for refusing on religious grounds to issue marriage licenses to gay couples.

In addition, a gay couple consisting of David Ermold and David Moore sued her for violating their constitutional rights.

The suit led to a federal jury ordering her to pay them $100,000 in emotional damages on September 13, 2023.

She was also ordered by U.S. District Judge David L. Bunning to pay approximately $260,000 in attorneys’ fees and expenses on December 28, 2023.

Years later, Davis is now appealing the rulings against her.

“In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses,” according to ABC News.

“More fundamentally, she claims the high court’s decision in Obergefell v Hodges — extending marriage rights for same-sex couples under the 14th Amendment’s due process protections — was ‘egregiously wrong,’” the reporting continues.

“As predicted at the time Obergefell was decided, it ‘would threaten the religious liberty of many Americans who believe that marriage is a sacred institution between one man and one woman,’” the petition reads.

“As a result of this Court’s alteration of the Constitution, Davis found herself with a choice between her religious beliefs and her job. When she chose to follow her faith … she was sued almost immediately for violating the constitutional rights of same-sex couples,” it continues.

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“The mistake must be corrected,” the petition, written by Davis’ attorney Mathew Staver, concludes.

This marks the first time that someone has formally requested that the high court overturn Obergefell v. Hodges. And that’s because Davis is one of a handful of Americans, if even that many, with the legal standing to challenge the ruling.

“If there ever was a case of exceptional importance, the first individual in the Republic’s history who was jailed for following her religious convictions regarding the historic definition of marriage, this should be it,” Davis’ attorney wrote in the petition.

All this comes despite Davis having suffered a couple of recent legal losses.

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“A federal appeals court panel concluded earlier this year that the former clerk ‘cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect,’” according to ABC News.

William Powell, the attorney for Ermold and Moore, is confident she’ll lose her current bid.

“Not a single judge on the U.S. Court of Appeals showed any interest in Davis’s rehearing petition, and we are confident the Supreme Court will likewise agree that Davis’s arguments do not merit further attention,” he told ABC News.

There’s also a catch: Even if Obergefell v. Hodges is overturned, the gay marriages that have already been performed won’t be invalidated.

“The 2022 Respect for Marriage Act requires the federal government and all states to recognize legal marriages of same-sex and interracial couples performed in any state — even if there is a future change in the law,” ABC News notes.

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Davis is nevertheless supported in her mission by an army of conservative Christians:

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Vivek Saxena

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