The U.S. Supreme Court is scheduled to hear arguments in a challenge to the ruling that established same-sex marriage rights in 2015.
Kim Davis was ordered to pay a $100,000 fine after the former county clerk denied granting a marriage license in 2015 to a same-sex couple based on her religious objections. Davis also served five days in jail for contempt of court.
‘This opinion has no basis in the Constitution. The High Court should overturn this egregious opinion from 2015.’
The court will hear arguments on Nov. 7 in a private conference. If the justices decide against hearing the full case, a denial could be released as early as Nov. 10.
The appeal to the Supreme Court asks that the punishment against Davis be overturned and also that the ruling establishing same-sex marriage be reversed.
“If ever there was a case of exceptional importance,” Davis said in the appeal, “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.”
District Judge David Bunning, who had found Davis in contempt of court, scolded her at the time for using “her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official.”
The appeal to the Supreme Court argues that Obergefell v. Hodges was unconstitutional and led to the unjust violation of Davis’ religious rights.
Her attorneys have pointed out that three of the justices who ruled in favor of the decision are no longer on the Supreme Court.
In addition, Chief Justice John Roberts had dissented against Obergefell v. Hodges and argued that it had “no basis in the Constitution” and characterized it as “an act of will, not legal judgment.”
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“Obergefell v. Hodges cannot … override the First Amendment to send someone to jail for their religious beliefs on marriage, and it certainly does not establish a right to obtain a marriage license with a specific clerk’s name on it,” said Liberty Counsel founder and Chairman Mat Staver.
“Kim Davis’ case underscores why the U.S. Supreme Court should overturn the wrongly decided Obergefell opinion because it threatens the religious liberty of Americans who believe that marriage is a sacred union between one man and one woman,” he added. “Like the abortion decision in Roe v. Wade, Obergefell was egregiously wrong from the start. This opinion has no basis in the Constitution. The High Court should overturn this egregious opinion from 2015.”
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