The US Supreme Court declined to hear an appeal on Monday that sought to overturn the decade-old landmark decision legalizing same-sex marriage.
The appeal was filed by Kim Davis, a former Kentucky county clerk who refused to issue marriage licenses to same-sex couples in 2015, defying a court order.
Davis asked the Supreme Court to reconsider Obergefell v. Hodges, which legalized same-sex marriage nationwide. She argued that the ruling unconstitutionally violated her right to practice religion freely under the Free Exercise Clause. Hearing the first appeal of the case, the US Court of Appeals for the Sixth Circuit held that, in this instance, her First Amendment rights could not be violated in her capacity as a public official.
“When Davis denied Plaintiffs a marriage license, she was wielding the ‘authority of the State’—not ‘function[ing] as a private citizen,” Judge Helene N. White, nominated by former President George W. Bush in 2008, wrote.
Davis also sought to reverse a verdict that required her to pay more than $100,000 in damages, $246,000 in legal fees and $14,000 in expenses to the couple whom she denied a marriage license. The Sixth Circuit affirmed the trial court’s judgment against Davis in March.
Obergefell held that denying same-sex couples the right to marry “demeans” and “stigmatizes” them, “diminish[es] their personhood,” and “subordinate[s] them.”
“Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right,” Justice Anthony Kennedy wrote in the landmark opinion.
Several organizations celebrated the Supreme Court’s decision not to hear Davis’s appeal. In a statement Monday, the ACLU wrote: “Our freedom to marry remains the law of the land.” The Human Rights Campaign wrote: “Love is (still) love… We won’t let up. We will keep fighting until all of us are free.”