Kim Davis, known for refusing to certify same-sex marriages, is seeking a Supreme Court hearing. Davis is asking the Supreme Court to review her case. The case involves Davis's refusal to issue marriage licenses to same-sex couples.
5 months ago
Kim Davis, the former Rowan County Clerk in Kentucky, has petitioned the United States Supreme Court to hear her case, a decade after she gained national attention for refusing to issue marriage licenses to same-sex couples 1. Her petition asks the court to reconsider its 2015 Obergefell v. Hodges ruling, which legalized same-sex civil marriages nationwide 1.
Davis's legal team, Liberty Counsel, argues that the Obergefell decision threatens the religious liberty of Americans who believe marriage is solely between one man and one woman 1. They assert that Davis was denied the ability to use a First Amendment defense in civil lawsuits stemming from her refusal, leaving her liable for hundreds of thousands of dollars in damages 1. Liberty Counsel Chairman Mat Staver contends that the First Amendment should protect individuals like Davis from being forced to choose between their faith and their livelihood, similar to protections afforded to private business owners 1.
In 2015, the Supreme Court's 5-4 Obergefell decision established a constitutional right to legally recognized same-sex marriages under the 14th Amendment's equal protection clause 1. Following Davis's actions, she was found liable for violating the constitutional rights of same-sex couples 1. Although a 2015 executive order by then-Gov. Matt Bevin allowed clerks to remove their names from marriage licenses, Davis was denied civil immunity and the use of a First Amendment defense, thus remaining responsible for damages 1.
Davis's case comes amidst ongoing efforts in some states to challenge the Obergefell ruling 1. In the current year, lawmakers in at least five states have introduced resolutions calling for the overturning of the same-sex marriage decision, though most have failed 1. Additionally, proposals for "covenant marriages" (reserved for one man and one woman) have been introduced in at least four states 1. Public opinion on same-sex civil marriages shows 68% support among Americans in a May Gallup poll, a slight decrease from 71% in 2022 and 2023 1. Support among Republicans has seen a more notable decline, falling to 41% from highs of 55% in 2021 and 2022 1.
What is the Church's teaching on marriage?
The Catholic Church teaches that marriage is a covenant established by God, forming an intimate communion of life and love between a man and a woman . This covenant is inherently ordered towards the good of the spouses and the procreation and education of children .
Marriage was instituted by the Creator and endowed with its own special laws . From the beginning, God willed that life should originate from the love of a man and a woman joined in this covenant . Sexual complementarity and fruitfulness are integral to the very nature of marriage in the Creator's plan . The Church consistently teaches that marriage is a covenant of love between one man and one woman .
For baptized persons, Christ the Lord elevated marriage to the dignity of a sacrament . This sacrament signifies the union of Christ and the Church . Through the Sacrament of Matrimony, spouses receive the grace to love each other with the same love with which Christ loved His Church . This grace perfects their human love, strengthens their indissoluble unity, and sanctifies them on their path to eternal life . Spouses, as ministers of the sacrament, give personal and irrevocable consent, imitating and representing Christ's love for His Church .
The Church emphasizes several key characteristics of marriage:
The Christian meaning of marriage, far from diminishing its profoundly human value, confirms and strengthens the marital union between man and woman .