The Real Reason Kim Davis Never Stood a Chance at the Supreme Court
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The Real Reason Kim Davis Never Stood a Chance at the Supreme Court
"On Monday, the Supreme Court denied a request from county clerk turned anti-gay gadfly Kim Davis to reconsider and overturn Obergefell v. Hodges, the 2015 decision recognizing same-sex couples' constitutional right to marry. There were no noted dissents. It is not remotely surprising that the justices turned away Davis' petition: There probably aren't five votes to reconsider Obergefell today-and even if there were, this zombie case would be a terrible vehicle for doing so."
"Davis v. Ermold, the case that SCOTUS swatted away on Monday, was always a long-shot appeal. Many Americans likely remember the petitioner, a Kentucky clerk who refused to grant a marriage license to a same-sex couple in the wake of Obergefell, citing "God's authority." Many may recall that she was briefly jailed in contempt of court, becoming a cause célèbre among anti-gay Republicans. But few know what happened next: One couple whom Davis discriminated against sued her for violating their civil rights, and a jury ordered her to pay $360,000 in damages in attorneys' fees."
The Supreme Court denied Kim Davis's request to reconsider and overturn Obergefell v. Hodges, with no noted dissents. The denial reflected a lack of five votes to reopen the question and the unsuitability of Davis's case as a vehicle for reversal. Republican-appointed justices have favored indirect challenges to gay Americans' rights rather than a direct assault on marriage equality. Kim Davis, a Kentucky county clerk, refused to issue a marriage license to a same-sex couple citing "God's authority," was briefly jailed for contempt, and was later sued; a jury ordered her to pay $360,000 in attorneys' fees. Davis sought a First Amendment defense but lost below.
Read at Slate Magazine
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