Kim Davis

A former Kentucky court clerk who infamously refused marriage licenses to gay couples in 2015 is now arguing in federal court that same-sex marriage should be overturned.

Nearly a decade ago, following the Supreme Court’s marriage equality ruling in Obergefell v. Hodges, Rowan County clerk Kim Davis made headlines when she wouldn’t grant a marriage license to David Ermold and David Moore. 

At the time, Davis claimed granting same-sex couples a marriage license violated her religious beliefs. Somehow her moralistic views on marriage weighed so heavily despite having walked down the aisle four different times herself. But we digress.

In the immediate aftermath, Davis spent five days in jail for contempt for failing to comply with the court order, while Ermold and Moore were married by a deputy clerk in October 2015.

The couple wound up suing Davis for violating their constitutional rights. After more than eight years of fighting in court, Ermold and Moore recently received resolution.

Earlier this year, U.S. District Judge David Bunning ordered Davis to pay more than $260,000 in expenses and attorney fees to Ermold and Moore, in addition to the $100,000 a 2023 jury decided the couple was in owed in damages.

But Davis’ anti-gay ways cannot be contained.

She is now appealing the 2023 decision by filing a brief that could lead to the Supreme Court and potentially overturn marriage equality.

In a brief filed with the 6th U.S. Circuit Court of Appeals, Davis’ lawyers, the right-wing hate group known as the Liberty Counsel, state: “Obergefell … was wrong when it was decided and it is wrong today because it was based entirely on the ‘legal fiction’ of substantive due process, which lacks any basis in the Constitution.”

In their argument, they refer to the SCOTUS 6-3 decision in 2022 that overturned the constitutional right to abortion: “Obergefell should be overturned for the same reasons articulated by the court in Dobbs.”

Liberty Counsel is doubling down on Justice Clarence Thomas’ concurring opinion in the Dobbs case when he argued the court “should reconsider” its past rulings codifying same-sex marriage (Obergefell), same-sex intimacy (Lawrence v. Texas) and contraception access (Griswold v. Connecticut).

While the Sixth Circuit Court has not said if it will hear arguments in the case, it could eventually wind up at the Supreme Court.

This is especially troubling considering Obergefell barely passed with a 5-4 ruling, with Thomas, Samuel Alito, and John Roberts all dissenting.

It only take four justices to hear a case and now that SCOTUS leans ultra conservative with a 6-3 split, getting the five votes needed to do away with the constitutional right to marriage isn’t out of the realm of possibility.

All of this just adds to the urgency surrounding the 2024 presidential election and why we’re voting for more than just one person.

The next White House occupant may have to appoint one or two lifetime justices, which will affect everyone’s lives for decades to come.

On a positive note, Davis lost her reelection bid in 2018 to a true Democrat.

Help make sure LGBTQ+ stories are being told...

We can't rely on mainstream media to tell our stories. That's why we don't lock Queerty articles behind a paywall. Will you support our mission with a contribution today?

Cancel anytime · Proudly LGBTQ+ owned and operated