Are they going to ban gay marriage
Davis is seen as one of the only Americans currently with legal standing to bring a challenge to the precedent. The Respect for Marriage Act requires the federal government and all states to recognize legal marriages of same-sex and interracial couples performed in any state -- even if there is a future change in the law.
Kim Davis, a former clerk who refused gay couples, brought the appeal. Only eight states had enacted laws explicitly allowing the unions. Lower courts have dismissed Davis' claims and most legal experts consider her bid a long shot.
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.
Map shows where gay
So far inat least nine states have either introduced legislation aimed at blocking new marriage licenses for LGBTQ people or passed resolutions urging the Supreme Court to reverse Obergefell at the earliest opportunity, according to the advocacy group Lambda Legal.
If the case is accepted, it would likely be scheduled for oral argument next spring and decided by the end of June The court could also decline the case, allowing a lower court ruling to stand and avoid entirely the request to revisit Obergefell. Davis first appealed the Supreme Court in seeking to have the damages suit against her tossed out, but her petition was rejected.
Blackman predicts many members of the Supreme Court's conservative majority would want prospective challenges to Obergefell to percolate in lower courts before revisiting the debate. She zeroes in on Justice Clarence Thomas' concurrence in that case, in which he explicitly called for revisiting Obergefell.
Court of Appeals showed any interest in Davis's rehearing petition, and we are confident the Supreme Court will likewise agree that Davis's arguments do not merit further attention," said William Powell, attorney for David Ermold and David Moore, the now-married Kentucky couple that sued Davis for damages, in a statement to ABC News.
Hodges, that defy God's design for marriage and family" a top priority. Conservative Justices Thomas and Samuel Alito concurred with the decision at the time. In June, the Southern Baptist Convention -- the nation's largest Protestant Christian denomination -- overwhelmingly voted to make "overturning of laws and court rulings, including Obergefell v.
He calls Justice Anthony Kennedy's majority opinion in Obergefell "legal fiction. That has not stopped the speculation. Virginia is one state that is working to reverse its ban on same-sex marriage. The petition appears to mark the first time since that the court has been formally asked to overturn the landmark marriage decision.
A couple celebrate outside City Hall in San Francisco after the US Supreme Court allowed gay marriage in JEFF CHIU/AP Most legal experts think that the justices are unlikely to want to re-examine a freedom that a large majority of Americans now support.
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. 10 years after the Supreme Court extended marriage rights to all same-sex couples, it will consider whether to take a case asking it to overturn the decision.
The justices "should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas wrote at the time, referring to the landmark decisions dealing with a fundamental right to privacy, due process and equal protection rights.
Lawmakers in at least nine states have introduced measures in their current legislative sessions that attempt to chip away at same-sex couples’ right to marriage. 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.
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. Davis' appeal to the Supreme Court comes as conservative opponents of marriage rights for same-sex couples pursue a renewed campaign to reverse legal precedent and allow each state to set its own policy.
The court is expected to formally consider Davis' petition this fall during a private conference when the justices discuss which cases to add to their docket. Thirty-five states have amendments or statutes banning same-sex marriage, and most would likely go into effect if the Supreme Court were to overturn Obergefell.
At the time Obergefell was decided in35 states had statutory or constitutional bans on same-sex marriages, according to the National Conference of State Legislatures. If the Supreme Court heard a similar case, they might return the right to marry back to the states as well.
Davis, as the Rowan County Clerk inwas the sole authority tasked with issuing marriage licenses on behalf of the government under state law. If the ruling were to be overturned at some point in the future, it would not invalidate marriages already performed, legal experts have pointed out.
Davis' petition argues the issue of marriage should be treated the same way the court handled the issue of abortion in its decision to overturn Roe v Wade.