Supreme Court declines to hear case on constitutionality of same-sex marriage

Supreme Court Rejects Challenge on Same-Sex Marriage Constitutionality

On Monday morning, the Supreme Court declined a request from Kim Davis, a former county clerk in Kentucky, to reconsider its landmark 2015 decision affirming a constitutional right to same-sex marriage.

In an unsigned, brief order, the justices dismissed Davis’ petition seeking review of a federal appeals court ruling. That ruling upheld a $100,000 award to a gay couple, David Moore and David Ermold, to whom Davis had refused to issue a marriage license.

Details of the Petition

Davis's petition aimed to overturn the 2015 Obergefell v. Hodges ruling, arguing that the right to same-sex marriage lacks constitutional foundation. However, the Supreme Court offered no explanation for its refusal to hear the case.

Justices’ Silence and No Public Disagreement

As is typical in denials of petitions for review, the Court did not comment publicly, nor did any justices register dissent regarding the decision.

Background of the Dispute

The dispute dates back over ten years, following the Obergefell decision. Davis, whose duties included issuing marriage licenses, refused to issue licenses to the gay couple Moore and Ermold. She subsequently halted issuing marriage licenses to all couples, regardless of sexual orientation.

“A right to same-sex marriage ‘had no basis in the Constitution,’” Davis argued in her petition.

Despite Davis's stance, the courts upheld the constitutional right and the related damages award against her.

Author’s Summary

The Supreme Court reaffirmed its 2015 ruling by refusing to revisit the constitutionality of same-sex marriage, maintaining legal protections despite challenges from state clerks like Kim Davis.

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SCOTUSblog SCOTUSblog — 2025-11-10