Kim Davis, the former Kentucky county clerk who was briefly jailed in 2015 for refusing to issue marriage licenses to same-sex couples, asked the Supreme Court on Thursday to revisit its landmark decision in Obergefell v. Hodges, which effectively legalized same-sex marriage nationwide and celebrated its 10th anniversary in June.
Davis’s attorneys at the Christian nonprofit Liberty Counsel asked the court in a 90-page filing to review a March ruling by the 6th U.S. Circuit Court of Appeals upholding a lower court’s finding that Davis violated David Ermold and David Moore’s constitutional right to marry when she denied them a marriage license in 2015, shortly after the Supreme Court issued its Obergefell decision.
I think her judgement was wrong in the respect, her legal duty under the law was to marry them but I completely understand where she’s coming from. Here’s where I would have gone on this, understanding where she’s coming from spiritually. I’d perform the marriage but in that professional position, I’d never bring The Lord’s name into this. It’s purely civil. I am performing the governments work, which is my job or quit right then for my beliefs?
In this case, it was her job and agreed…if I chose to not participate in anyway, that economic sacrifice was purely for The Lord and that is a beautiful thing.
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.
She’ll lose. This is not about overturning same sex marriages. It’s about a government employee not fulfilling her responsibilities for the job she took and was getting paid for. She could have gotten someone else to do it but she did not have the right to represent the government and make the final decision stopping what the her employer, the government…approved. She’s clearly in the wrong.
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 mistake must be corrected,” wrote Davis’ attorney Mathew Staver in the petition. He calls Justice Anthony Kennedy’s majority opinion in Obergefell “legal fiction.”
The petition appears to mark the first time since 2015 that the court has been formally asked to overturn the landmark marriage decision. Davis is seen as one of the only Americans currently with legal standing to bring a challenge to the precedent.
I wonder how the current administration feels about this? Trump has said he is “fine” with same-sex marriage but has also said states should decide. Support for same sex marriage remains very strong in America, so it’s not a huge election winner for the GOP.
Trump is a populist for what his MAGA supporters want. So long as same sex marriage remains “revolutionary enough” in the upper echelons of MAGA, they won’t go crazy about it.
But that could change at any moment and get deemed counter revolutionary behavior real fast.
It’s not the gays that’s destroying western marriage it’s unfortunately women. The math is something like 20+% divorce rate for gay men. 70%+ for lesbians. And us straight people are batting about 50/50 with women overwhelmingly initializing divorces.
It’s an “original sin” argument. The government never should have gotten in the business of recognizing ANY marriage, nor based any rights, taxes, or privileges on marriage.
Marriage is a religious construct and should have remained separate from government.
I disagreed with same sex marriage because it was adding more to the governments role rather than taking it away.
To me my “king for a day” solution would have been to deny SSM, and all govt marriage contracts. If a religion wanted to perform a ceremony for a same sex couple, they are free to. All the hospital stuff and next of kin stuff could have been handled by some generic form that doesn’t use religious terminology, and could be issued to anyone whether they are romantically involved or not.