News and Events => Political and Legal News => Topic started by: Jessica_Rose on August 11, 2025, 06:12:33 AM Return to Full Version
Title: Supreme Court formally asked to overturn landmark same-sex marriage ruling
Post by: Jessica_Rose on August 11, 2025, 06:12:33 AM
Post by: Jessica_Rose on August 11, 2025, 06:12:33 AM
Supreme Court formally asked to overturn landmark same-sex marriage ruling
https://www.msn.com/en-us/news/us/supreme-court-formally-asked-to-overturn-landmark-same-sex-marriage-ruling/ar-AA1KidyA?ocid=hpmsn&cvid=e7d4bd11b29248d9b4a6596f1fe567b7&ei=26
Devin Dwyer (11 Aug 2025)
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.
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."
"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.
https://www.msn.com/en-us/news/us/supreme-court-formally-asked-to-overturn-landmark-same-sex-marriage-ruling/ar-AA1KidyA?ocid=hpmsn&cvid=e7d4bd11b29248d9b4a6596f1fe567b7&ei=26
Devin Dwyer (11 Aug 2025)
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.
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."
"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.
Title: Re: Supreme Court formally asked to overturn landmark same-sex marriage ruling
Post by: Lori Dee on August 11, 2025, 10:50:36 AM
Post by: Lori Dee on August 11, 2025, 10:50:36 AM
What people seem to forget is that citizens have First Amendment rights; government officials do not.
A government official has no right to violate the civil rights of a citizen, especially by using their government duties to do so.
It will be interesting to see how the Supreme Court rules.
A government official has no right to violate the civil rights of a citizen, especially by using their government duties to do so.
It will be interesting to see how the Supreme Court rules.