"The Supreme Court announced Monday that it would not review a case that could have led it to revisit its 2015 decision Obergefell v. Hodges, which made gay marriage a constitutionally protected right. The appeal was brought by the former county clerk Kim Davis, who was held in contempt of court after she refused to issue marriage licenses to homosexual couples."
"The request provoked considerable speculation because of the court's decision in 2022, when the court overturned Roe v. Wade by a narrower reading of substantive due process under the 14th Amendment, the same provision under which the court previously recognized a constitutional right to gay marriage. In a concurring opinion, Justice Clarence Thomas explicitly stated that Obergefell, among other cases decided in accordance with a broader conception of substantive due process, should be reviewed by the court."
The Supreme Court refused to hear an appeal by former county clerk Kim Davis, who was held in contempt after refusing to issue marriage licenses to same-sex couples. The appeal rested mainly on First Amendment claims of speech and religious freedom, with lawyers also asking the court to revisit Obergefell v. Hodges. The petition cited a need "for a course correction." The request drew attention because the Court in 2022 narrowed substantive due process in overturning Roe v. Wade, and Justice Clarence Thomas urged reconsideration of Obergefell and similar cases. Four justices must agree to take a case, and that threshold was not met.
Read at The American Conservative
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