{"id":2354,"date":"2025-08-16T13:37:10","date_gmt":"2025-08-16T13:37:10","guid":{"rendered":"https:\/\/sfawbn.com\/home\/?p=2354"},"modified":"2025-08-16T13:37:11","modified_gmt":"2025-08-16T13:37:11","slug":"petitioner-asks-scotus-to-overturn-its-ill-fated-obergefell-decision","status":"publish","type":"post","link":"https:\/\/sfawbn.com\/home\/2025\/08\/16\/petitioner-asks-scotus-to-overturn-its-ill-fated-obergefell-decision\/","title":{"rendered":"Petitioner Asks SCOTUS To Overturn Its Ill-Fated Obergefell Decision"},"content":{"rendered":"\n
\"rainbow<\/a><\/figure>\n\n\n\n

A Christian petitioner has asked the U.S. Supreme Court to consider a case that could potentially overturn its disastrous 2015 ruling on so-called \u201cgay marriage.\u201d<\/p>\n\n\n\n

Throughout the past few days, numerous outlets have published articles on a petition<\/a> recently filed with the high court by former Rowan County, Kentucky, clerk Kim Davis. According to Liberty Counsel<\/a> \u2014 a Christian organization representing Davis \u2014 the former clerk was previously \u201cjailed, sued, and held personally liable post-[Obergefell<\/em> v. Hodges<\/em>] for her sincerely held religious beliefs on marriage.\u201d<\/p>\n\n\n\n

In Obergefell<\/em>, the Supreme Court ruled (5-4) that the due process clause<\/a> \u201cof the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples in the same manner as it does to opposite-sex couples,\u201d as summarized by Oyez<\/a>. Put another way, the majority effectively opened the floodgates for \u201cgay marriage\u201d across the country.<\/p>\n\n\n\n

According to Liberty Counsel<\/a>, Davis\u2019 legal troubles began following the Obergefell<\/em> decision in 2015 when she \u201cceased issuing any marriage licenses while she sought an accommodation for her religious beliefs.\u201d \u201cThe courts,\u201d the organization said, \u201cthen used Obergefell<\/em> \u2026 to deny her a religious accommodation that unconstitutionally forced her to choose between her religious beliefs and her livelihood.\u201d<\/p>\n\n\n\n

In the petition, Davis\u2019 legal team has asked the justices, in part, to consider whether Obergefell<\/em> \u201cand the legal fiction of substantive due process, should be overturned.\u201d<\/p>\n\n\n\n

As Associate Justice Clarence Thomas predicted<\/a> in his dissenting opinion in Obergefell<\/em>, the court\u2019s \u201cinversion of the original meaning of liberty\u201d has produced \u201ccollateral damage to other aspects of our constitutional order that protect liberty.\u201d That point has been proven true on the issue of transgenderism, which arguably<\/a> would not have become as mainstream without the majority\u2019s Obergefell<\/em> decision.<\/p>\n\n\n\n

[READ: The 10 Years Since Obergefell<\/em> Have Proven Its Critics Right<\/a>]<\/strong><\/p>\n\n\n\n

Davis\u2019 petition was filed in July, raising questions as to why many<\/a> major<\/a> media<\/a> outlets<\/a> have suddenly (all at once) decided to widely report on it.<\/p>\n\n\n\n

The prospect of SCOTUS potentially taking up Davis\u2019 case is significant when considering that the current makeup of the Supreme Court is notably different from when the high court handed down its ill-fated Obergefell<\/em> ruling.<\/p>\n\n\n\n

Republican appointees currently hold a 6-3 majority on the high court, with three of those justices (Chief Justice John Roberts and Associate Justices Clarence Thomas and Samuel Alito) having dissented in Obergefell<\/em>. Meanwhile, of those in the majority decision, only Associate Justices Sonia Sotomayor and Elena Kagan are still on the court.<\/p>\n\n\n\n

[READ: 10 Years After Obergefell<\/em>, It\u2019s Even More Obvious It Should Be Overturned<\/a>]<\/strong><\/p>\n\n\n\n

Whether enough justices agree to hear Davis\u2019 case and consider overturning the precedent established in Obergefell<\/em> remains to be seen. At least four justices must agree<\/a> to hear a case before it can be considered by the full court.<\/p>\n\n\n\n

Those who will likely be pivotal in determining if the matter is ultimately taken up later this year will be Trump appointees Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, as well as the notoriously political<\/a> Roberts.<\/p>\n","protected":false},"excerpt":{"rendered":"

A Christian petitioner has asked the U.S. Supreme Court to consider a case that could potentially overturn its disastrous 2015 ruling on so-called \u201cgay marriage.\u201d Throughout the past few days, numerous outlets have published articles on a petition recently filed…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","om_disable_all_campaigns":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2354","post","type-post","status-publish","format-standard","hentry","category-uncategorized","wpcat-1-id"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/posts\/2354","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/comments?post=2354"}],"version-history":[{"count":1,"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/posts\/2354\/revisions"}],"predecessor-version":[{"id":2356,"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/posts\/2354\/revisions\/2356"}],"wp:attachment":[{"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/media?parent=2354"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/categories?post=2354"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sfawbn.com\/home\/wp-json\/wp\/v2\/tags?post=2354"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}