Supreme court gay marriage ruling

The court is expected to formally consider Davis' petition this fall during a private conference when the justices discuss which cases to add to their docket. Davis' petition argues the issue of marriage should be treated the same way the court handled the issue of abortion in its decision to overturn Roe v Wade.

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. If the case is accepted, it would likely be scheduled for oral argument next spring and decided by the end of June The court could also decline the case, allowing a lower court ruling to stand and avoid entirely the request to revisit Obergefell.

Kim Davis, a former clerk who refused gay couples, brought the appeal. Davis, as the Rowan County Clerk inwas the sole authority tasked with issuing marriage licenses on behalf of the government under state law. The justices "should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas wrote at the time, referring to the landmark decisions dealing with a fundamental right to privacy, due process and equal protection rights.

Justice Amy Coney Barrett was pressed in an interview with CBS News on concerns that the Supreme Court may overturn its landmark Obergefell same-sex marriage ruling fromresponding by saying. It’s been 10 years since the Supreme Court’s landmark ruling in Obergefell v.

She zeroes in on Justice Clarence Thomas' concurrence in that case, in which he explicitly called for revisiting Obergefell. He calls Justice Anthony Kennedy's majority opinion in Obergefell "legal fiction. Lower courts have dismissed Davis' claims and most legal experts consider her bid a long shot.

A landmark U.S. Supreme Court ruling 10 years ago on June 26,legalized same-sex marriage across the U.S. The court of appeals acknowledged that in Obergefell the Supreme Court observed that “many people ‘deem same-sex marriage to be wrong’ based on ‘religious or philosophical premises.’” “But those opposed to same-sex marriage,” the court of appeals wrote, “do not have a right to transform their ‘personal opposition’ into.

Blackman predicts many members of the Supreme Court's conservative majority would want prospective challenges to Obergefell to percolate in lower courts before revisiting the debate. 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.

The 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.

10 years after Obergefell

The petition appears to mark the first time since that the court has been formally asked to overturn the landmark marriage decision. Supreme Court formally asked to overturn landmark same-sex marriage ruling Kim Davis, a former clerk who refused gay couples, brought the appeal.

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," said William Powell, attorney for David Ermold and David Moore, the now-married Kentucky couple that sued Davis for damages, in a statement to ABC News.

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. At the time Obergefell was decided in35 states had statutory or constitutional bans on same-sex marriages, according to the National Conference of State Legislatures.

So far inat least nine states have either introduced legislation aimed at blocking new marriage licenses for LGBTQ people or passed resolutions urging the Supreme Court to reverse Obergefell at the earliest opportunity, according to the advocacy group Lambda Legal.

Hodges, the case that legalized gay marriage nationwide by declaring state bans unconstitutional. Davis' appeal to the Supreme Court comes as conservative opponents of marriage rights for same-sex couples pursue a renewed campaign to reverse legal precedent and allow each state to set its own policy.

If the ruling were to be overturned at some point in the future, it would not invalidate marriages already performed, legal experts have pointed out. Only eight states had enacted laws explicitly allowing the unions. In June, the Southern Baptist Convention -- the nation's largest Protestant Christian denomination -- overwhelmingly voted to make "overturning of laws and court rulings, including Obergefell v.

Hodges, that defy God's design for marriage and family" a top priority. Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision.

Davis is seen as one of the only Americans currently with legal standing to bring a challenge to the precedent.