(The Lion) — In a Monday order, the U.S. Supreme Court rejected a religious liberty case that could have reconsidered the national legalization of same-sex marriage in Obergefell v. Hodges (2015).
“By denying this petition, the High Court has let stand a decision to strip a government defendant of their immunity and any personal First Amendment defense for their religious expression,” said Mat Staver, founder and chairman of Liberty Counsel – the firm that represented the defendant. “This cannot be right because government officials do not shed their constitutional rights upon election.”
The court did not offer comment on its decision, as is typical in the denial of such petitions, according to SCOTUS Blog.
The petition was brought by a former Kentucky county clerk, Kim Davis, who spent six days in jail for denying licenses to three same-sex couples in 2015, after the Obergefell decision legalized same-sex marriage.
At the time, Davis paused all issuing of licenses from June 29 to early September while she sought a religious accommodation, according to Liberty Counsel.
“The courts used Obergefell to deny Davis a religious accommodation and took away her liberty with six days in jail, which unconstitutionally forced her to choose between her religious beliefs and her livelihood,” Liberty Counsel writes.
While Davis was imprisoned, a deputy clerk issued the licenses, but only one of the three plaintiffs who sued Davis dropped the suit, Liberty Counsel reports.
“This entire course of litigation has never been about getting a marriage license,” Davis’ petition reads. “Respondents continued this litigation long after obtaining their license in September 2015 to punish Davis for not placing her name on their license.”
In December 2015, then-Kentucky Gov. Matt Bevin granted Davis religious exemption. In April 2016, the Kentucky Legislature “codified the religious exemption by removing the names of all clerks” from marriage licenses, according to Liberty Counsel.
In 2017, however, the same two plaintiffs sued Davis for “emotional distress” from “hurt feelings” because of her refusal to sign their license.
The Supreme Court’s denial of Davis’s appeal upholds the lower federal appeals court ruling against her, which requires she pay $100,000 in damages plus attorneys’ fees.
“Davis was jailed, hauled before a jury, and now faces crippling monetary damages based on nothing more than purported hurt feelings,” Staver said.
In her case, Davis also asked the Supreme Court to overturn the Obergefell decision because of its unconstitutional threat to religious freedom.
Staver cited Justice Clarence Thomas’ own caution from 2015 when the justice warned Obergefell could have “potentially ruinous consequences for religious liberty.”
Congress further protected same-sex marriage in 2022 when it passed the Respect for Marriage Act, Newsweek reports.
However, “Same-sex marriage is not deeply rooted in the Nation’s history,” Davis’ petition argues.
Human Rights Campaign President Kelley Robinson celebrated the justices’ rejection of the appeal.
“Today, love won again. When public officials take an oath to serve their communities, that promise extends to everyone — including LGBTQ+ people,” Robinson said in a press release. “The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences.”
However, Staver argued the debate is not over because the Obergefell decision continues to threaten religious freedom and practice.
“Like the abortion decision in Roe v. Wade, Obergefell was egregiously wrong from the start. This opinion has no basis in the Constitution,” Staver said. “We will continue to work to overturn Obergefell. It is not a matter of if, but when the Supreme Court will overturn Obergefell.”