Through the Static

By Hannah Saunders

November 10 update: The U.S. Supreme Court rejected Kim Davis’s appeal to overturn same-sex marriage.

The U.S. Supreme Court will be at a private conference on November 7, where it will learn about former Kentucky county clerk Kim Davis’ fight against same-sex marriage and decide whether or not to take on the case. If the case is heard and the 2015 landmark Obergefell v. Hodges ruling is overturned, marriage equality may be left up to the states once again.

“Marriage rights for same-sex marriage and interracial couples are protected at the federal level, regardless of the Court’s decision, because of the tireless work by lawmakers and advocates to pass the Respect for Marriage Act in 2022,” according to a Human Rights Campaign social media post.

Under the Respect for Marriage Act, people’s right to marry whoever they want, without discrimination based on sexual orientation, race, ethnicity, or national origin, is codified into federal statute. The Act also repealed the decades-old Defense of Marriage Act, which prohibited same-sex couples from receiving federal recognition or benefits; the Defense of Marriage Act was deemed unconstitutional via Windsor.

Despite unsuccessful attempts with lower courts, Davis continues to push her case forth. Shortly after the Obergefell ruling on June 26, 2015, Davis refused to issue marriage certificates for same-sex couples due to religious beliefs. She was held in contempt that fall and spent six days in jail.

But in a recent interview with Newsweek, Davis’ attorney Matthew Staver told the publication that Obergefell “could be overruled without affecting any other cases,” that it’s “on an island of its own creation,” and that it “has no basis in the Constitution.”

Whitman-Walker, a nonprofit that provides healthcare and related services to the LGBTQIA+ community in Washington, D.C., said that if Windsor or Obergefell were to be overturned, some, if not many states may prohibit same-sex marriage.

“Some states still have discriminatory anti-gay marriage laws on their books, which would take legal effect if the Supreme Court overrules Obergefell,” states Whitman-Walker. “Other hostile states might attempt to pass new discriminatory marriage laws, though such efforts might fail given the substantial shifts in public opinion in recent years.”

If Davis’ case is taken up by the Supreme Court, it may be announced as early as November 10.

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