The Supreme Court is set to review an appeal from former Kentucky county clerk Kim Davis, who is seeking to overturn the 2015 ruling that legalized same-sex marriage nationwide. Davis gained notoriety when she refused to issue a marriage license to a same-sex couple, citing her religious beliefs, and was jailed for six days as a result. A jury later awarded the couple $100,000 for emotional damages and $260,000 for attorney fees.

In her petition filed in August, Davis argues that the First Amendment protects her right to exercise her religion, which she claims should shield her from personal liability for denying marriage licenses. She also contends that the Supreme Court's decision in Obergefell v. Hodges, which established marriage rights for LGBTQ couples based on the 14th Amendment, is a "legal fiction."

Davis's attorney, Mathew Staver, emphasized the significance of the case, stating, "If there ever was a case of exceptional importance, the first individual in the Republic's history who was jailed for following her religious convictions regarding the historic definition of marriage, this should be it."

The justices will discuss Davis's petition during their weekly private conference, where they will vote on which cases to accept. A minimum of four justices must agree for the case to be heard. The court typically announces the outcomes of these conferences the following Monday. This petition marks the first formal request to overturn the Obergefell decision since it was made.

Davis is considered one of the few individuals with legal standing to challenge the marriage ruling. However, an attorney representing the couple she denied a license to, David Ermold and David Moore, argued that Davis's case lacks merit. William Powell, the couple's attorney, stated, "Because Davis's policy went beyond anything she arguably had a right to do, her First Amendment affirmative defense would fail even if such defenses are available to government officials engaged in state action."

As the Rowan County Clerk in 2015, Davis was responsible for issuing marriage licenses under state law. Powell described the case as straightforward, asserting that it does not warrant the Supreme Court's review. He noted that lower courts have dismissed Davis's claims, and most legal experts view her appeal as unlikely to succeed.

"Not a single judge on the U.S. Court of Appeals showed any interest in Davis's rehearing petition, and we are confident the Supreme Court will likewise agree that Davis's arguments do not merit further attention," Powell said.

Davis's appeal comes amid a renewed effort by conservative groups to challenge same-sex marriage rights. Since the Obergefell decision, at least nine states have introduced legislation aimed at restricting marriage licenses for LGBTQ individuals or have passed resolutions urging the Supreme Court to reconsider the ruling. Recently, Texas courts implemented new rules allowing judges to refuse to perform wedding ceremonies for same-sex couples based on religious beliefs.

Staver wrote to the justices, stating, "Without this Court’s review, the First Amendment’s protections for public officials with sincerely held religious beliefs will continue to vary by jurisdiction. This case provides a suitable vehicle to establish the clear guidance that lower courts and government officials currently lack."

Davis previously appealed to the Supreme Court in 2019 to dismiss the damages suit against her, but her petition was denied. Conservative Justices Clarence Thomas and Samuel Alito agreed with that decision. If the Supreme Court accepts Davis's case, it remains uncertain whether a majority of justices would choose to overturn Obergefell. Some conservative justices, including Amy Coney Barrett and Brett Kavanaugh, have indicated that they do not support rolling back same-sex marriage rights.

Legal experts have noted that even if the Obergefell ruling were overturned, it would not affect marriages that have already taken place. The 2022 Respect for Marriage Act mandates that the federal government and all states recognize same-sex and interracial marriages performed in any state, regardless of future legal changes. Currently, there are approximately 823,000 married same-sex couples in the U.S., with nearly 591,000 marrying after the Supreme Court's 2015 decision. About one in five of these couples are raising children under the age of 18.