The Kentucky county clerk who was sent to jail for denying to issue a marriage license to a gay couple based on her religious beliefs has taken her case all the way to the highest court of the land.
Attorneys for Kim Davis have formally asked the Supreme Court to take up her appeal and possibly overturn the landmark Obergefell decision that enshrined the right of marriage for same-sex couples.
‘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 was lionized by many for citing her religious beliefs to justify her actions in 2015. She later agreed to authorize the license for the couple as long as her name and signature were removed from the document.
However, she was ordered to pay $260,000 in attorney fees as well as $100,000 for emotional damages.
Davis cited her First Amendment protection for free exercise of religion in a filing that called on the court to reverse the “egregiously wrong” decision in Obergefell v. Hodges.
“The mistake must be corrected,” wrote Mathew Staver, the attorney for Davis, in the filing.
“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,” Staver added.
The attorney for the now-married couple denied by Davis said he expects the court to deny hearing the case.
“Not a single judge on the U.S. Court of Appeals showed any interest in Davis’ rehearing petition,” William Powell said to ABC News, “and we are confident the Supreme Court will likewise agree that Davis’ arguments do not merit further attention.”
The justices will consider taking up the case in a private conference in fall. If they hear the arguments, then a decision may be made by June 2026.
Chief Justice John Roberts had said in his dissent to Obergefell that the decision was “an act of will, not legal judgment” with “no basis in the Constitution.”
In 2018, one of the gay men denied by Davis tried and failed to challenge her for the office of county clerk despite having the backing of some liberal Hollywood stars.
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