{"id":26336,"date":"2025-12-07T20:09:00","date_gmt":"2025-12-07T20:09:00","guid":{"rendered":"https:\/\/cndailynews.store\/?p=26336"},"modified":"2025-12-07T20:09:00","modified_gmt":"2025-12-07T20:09:00","slug":"supreme-court-considers-taking-up-same-sex-marriage-case","status":"publish","type":"post","link":"https:\/\/cndailynews.store\/?p=26336","title":{"rendered":"Supreme Court Considers Taking Up Same-Sex Marriage Case"},"content":{"rendered":"

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The U.S. Supreme Court is considering whether to hear a case brought by former Kentucky clerk Kim Davis, who is seeking to overturn the court\u2019s decision in\u00a0Obergefell v. Hodges<\/em>, a landmark ruling that established the right to same-sex marriage across the nation.<\/p>\n

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Davis\u2019 attorney, Matthew Staver, expressed optimism about the court taking the case, according to Newsweek.<\/p>\n

But William Powell, the attorney who represented the couple that sued Davis, provided a statement to Newsweek that he is \u201cconfident the Supreme Court will likewise agree that Davis\u2019s arguments do not merit further attention.\u201d<\/p>\n

The case, brought by Davis\u2014a former Kentucky clerk who served six days in jail for refusing to issue marriage licenses to same-sex couples on religious grounds\u2014could pose a significant challenge to federal protections for same-sex marriage nearly a decade after the Supreme Court legalized such unions nationwide.<\/p>\n

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Some justices, including Clarence Thomas, have signaled a willingness to revisit the issue in recent years, particularly as the court has shifted to the right. That conservative realignment on cultural matters was underscored by the 2022 decision overturning\u00a0Roe v. Wade<\/i>, which had guaranteed abortion rights for decades.<\/p>\n

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If the court were to strike down the nationwide right to same-sex marriage, the matter would likely revert to the states\u2014many of which have yet to pass laws recognizing such unions.<\/p>\n

In a newly filed petition to the Supreme Court, Staver argued against same-sex marriage on religious grounds.<\/p>\n

\u201cObergefell was \u2018egregiously wrong,\u2019 \u2018deeply damaging,\u2019 \u2018far outside the bound of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed,\u2019 and set out \u2018on a collision course with the Constitution from the day it was decided,\u2019\u201d he wrote.<\/p>\n

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Davis\u2019 case \u201cpresents the ideal opportunity to revisit substantive due process that \u2018lacks any basis in the Constitution,\u2019\u201d the petition says, per\u00a0Newsweek.<\/p>\n

\u201cThis flawed opinion has produced disastrous results leaving individuals like Davis \u2018find[ing] it increasingly difficult to participate in society without running afoul of Obergefell and its effect on other antidiscrimination laws,\u2019\u201d it reads. \u201cAnd, until the Court revisits its \u2018creation of atextual constitutional rights,\u2019 Obergefell will continue to have ruinous consequences for religious liberty.\u2019\u201d<\/p>\n

The petition stated that if the court were to overturn Obergefell, the authority to determine marriage rights would revert to the states, while same-sex marriages performed since the ruling would remain legally recognized under a grandfather provision.<\/p>\n

Staver told the outlet that he believes the court\u2019s previous ruling on the issue is constitutionally unsound.<\/p>\n

\u201cIt has no basis in the Constitution,\u201d he said. \u201cIt\u2019s what caused this issue with Kim Davis to be sent to prison for six days and now facing hundreds of thousands of dollars personally, is the Obergefell opinion originally, and I think that it\u2019s time to reevaluate that and overturn it.\u201d<\/p>\n

Other legal experts are not confident that the high court would reverse its earlier decision.<\/p>\n

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\u201cThere\u2019s a chance that a conservative majority could use the case to expand the rights of religious objectors to same-sex marriage,\u201d Daniel Urman, law professor at Northeastern University, told Newsweek.<\/p>\n

\u201cBut that\u2019s not the same as overturning the right itself, and I don\u2019t see a majority of the Court ready to do that. Culturally, same-sex marriage has become embedded in American life, and it is still popular in public opinion polls,\u201d he added.<\/p>\n

Paul Collins, a professor of legal studies and political science at the University of Massachusetts Amherst, told Newsweek that although Davis hopes to use the case as a means to overturn same-sex marriage, that is not necessarily the central issue before the court.<\/p>\n

\u201cInstead, it is about a jury verdict for inflicting emotional damages by violating a same-sex couple\u2019s right to marry. This just isn\u2019t the right vehicle for challenging a constitutional right to same-sex marriage,\u201d he told Newsweek.<\/p>\n<\/div>\n<\/article>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

\u00a0Getty Images This article may contain commentary which reflects the author\u2019s opinion. The U.S. Supreme Court is considering whether to hear a case brought by former Kentucky clerk Kim Davis, … <\/p>\n","protected":false},"author":1,"featured_media":26337,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-26336","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/26336","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26336"}],"version-history":[{"count":1,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/26336\/revisions"}],"predecessor-version":[{"id":26338,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/posts\/26336\/revisions\/26338"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=\/wp\/v2\/media\/26337"}],"wp:attachment":[{"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26336"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26336"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cndailynews.store\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26336"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}