Kim Davis ask SCOTUS to overturn her jury verdict and, while they're at it, the Obergefell decision

essentialsaltes · Aug 11, 2025

Kim Davis, the former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees.

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.

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."

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."

CRAZY_CAT_WOMAN · Aug 11, 2025

I wouldn't be surprised if SCOTUS did over turn jury verdict. It seems like the United States is going very backwards.

RileyG · Aug 11, 2025

What power does she have? None really.

Pommer · Aug 11, 2025

RileyG said:
What power does she have? None really.

Asking SCOTUS to make her own personal-views the law-of-the-land, is quaint.
Won’t get cert.

RileyG · Aug 11, 2025

Pommer said:
Asking SCOTUS to make her own personal-views the law-of-the-land, is quaint.
Won’t get cert.

She’s irrelevant now. She just needs to move on.

essentialsaltes · 2025-11-10T09:52:36-0600

Supreme Court rejects long-shot effort to overturn same-sex marriage ruling

The court turned away an appeal filed by Kim Davis, a former county clerk in Kentucky who was sued after refusing to issue a marriage license to a gay couple.

Without comment, the justices rejected an appeal brought by Kim Davis, a former county clerk in Kentucky who was sued in 2015 for refusing to issue marriage licenses because of her opposition to same-sex marriage based on her religious beliefs.

rambot · 2025-11-10T10:06:39-0600

How did that get all the way to the Supreme Court?

I guess it's just cause she had financial backing and no job (so a lot of time on her hands)?

Desk trauma · 2025-11-10T10:21:53-0600

On to the next test case.

essentialsaltes · 2025-11-10T11:08:39-0600

Desk trauma said:
On to the next test case.

IANAL, but it was my understanding that Davis, being one of the few people 'harmed' by Obergefell, was probably the conservatives' best bet to overturn it. Just saying "I don't like this." does not get you standing.

PloverWing · 2025-11-10T12:00:40-0600

essentialsaltes said:
IANAL, but it was my understanding that Davis, being one of the few people 'harmed' by Obergefell, was probably the conservatives' best bet to overturn it. Just saying "I don't like this." does not get you standing.

Ah, I hadn't thought of that aspect of it.

On the religious liberty issue, I can see that there might be a point in Davis' favor, that she should receive some kind of workplace accommodation (similar to Sikhs getting to wear their turban in the workplace, or Jews getting to take Yom Kippur as a day off work). It looks like Kentucky already took care of this, by issuing marriage licenses without the clerk's signature. Good, done.

On Obergefell itself, I'm relieved. I can't imagine what overturning Obergefell would look like. Thousands of marriages suddenly being declared invalid? Marriage on a state-by-state basis, so that your marriage in Vermont isn't recognized if you drive into Kentucky? Yeesh.

essentialsaltes · 2025-11-10T12:11:46-0600

PloverWing said:
On Obergefell itself, I'm relieved. I can't imagine what overturning Obergefell would look like. Thousands of marriages suddenly being declared invalid? Marriage on a state-by-state basis, so that your marriage in Vermont isn't recognized if you drive into Kentucky? Yeesh.

It was indeed a mess for many couples in California when Prop 8 halted SSM in California in November of 2008 after the state Supreme Court declared it legal that June. Just filing taxes became a Kafka novel.

Desk trauma · 2025-11-10T12:18:57-0600

PloverWing said:
On Obergefell itself, I'm relieved. I can't imagine what overturning Obergefell would look like.

Unless it was a Dread Scott level no rights for LGBT at all level ruling that somehow did away with the respect for marriage act as well it would be a non event.

PloverWing · 2025-11-10T13:05:55-0600

Desk trauma said:
Unless it was a Dread Scott level no rights for LGBT at all level ruling that somehow did away with the respect for marriage act as well it would be a non event.

I'm picturing the Loving v Virginia situation, where the Lovings were legally married in DC but not in Virginia. I suppose it doesn't get nightmarish unless they also reverse Lawrence v Texas, but still, married couples aren't supposed to have to worry about which rights they lose when they cross state lines.

Desk trauma · 2025-11-10T13:20:54-0600

PloverWing said:
… married couples aren't supposed to have to worry about which rights they lose when they cross state lines.

And they don’t have to unless the respect for marriage act gets repealed/overturned.

PloverWing · 2025-11-10T13:53:25-0600

Desk trauma said:
And they don’t have to unless the respect for marriage act gets repealed/overturned.

Oops, you're right. I forgot that this was codified into federal law.

RileyG · 2025-11-10T14:30:03-0600

essentialsaltes said:
Supreme Court rejects long-shot effort to overturn same-sex marriage ruling
The court turned away an appeal filed by Kim Davis, a former county clerk in Kentucky who was sued after refusing to issue a marriage license to a gay couple.

Without comment, the justices rejected an appeal brought by Kim Davis, a former county clerk in Kentucky who was sued in 2015 for refusing to issue marriage licenses because of her opposition to same-sex marriage based on her religious beliefs.

Not surprising. It’s not like Davis had any power to do anything to begin with. Her 15 minutes of fame are long gone.

Kim Davis ask SCOTUS to overturn her jury verdict and, while they're at it, the Obergefell decision

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Supreme Court rejects long-shot effort to overturn same-sex marriage ruling​

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