Is gay marriage going back to the supreme court

Davis is seen as one of the only Americans currently with legal standing to bring a challenge to the precedent. In June, the Southern Baptist Convention -- the nation's largest Protestant Christian denomination -- overwhelmingly voted to make "overturning of laws and court rulings, including Obergefell v.

"The Supreme Court will hear a case about gay marriage; my prediction is they will do to gay marriage what they did to abortion—they will send it back to the states," Clinton said in a recent. In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.

Hodges, that defy God's design for marriage and family" a top priority. Lower courts have dismissed Davis' claims and most legal experts consider her bid a long shot. Davis' petition argues the issue of marriage should be treated the same way the court handled the issue of abortion in its decision to overturn Roe v Wade.

Davis' appeal to the Supreme Court comes as conservative opponents of marriage rights for same-sex couples pursue a renewed campaign to reverse legal precedent and allow each state to set its own policy. More fundamentally, she claims the high court's decision in Obergefell v Hodges -- extending marriage rights for same-sex couples under the 14th Amendment's due process protections -- was "egregiously wrong.

Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision. So far inat least nine states have either introduced legislation aimed at blocking new marriage licenses for LGBTQ people or passed resolutions urging the Supreme Court to reverse Obergefell at the earliest opportunity, according to the advocacy group Lambda Legal.

Kim Davis, a former clerk who refused gay couples, brought the appeal.

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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," said William Powell, attorney for David Ermold and David Moore, the now-married Kentucky couple that sued Davis for damages, in a statement to ABC News.

He calls Justice Anthony Kennedy's majority opinion in Obergefell "legal fiction. Davis, as the Rowan County Clerk inwas the sole authority tasked with issuing marriage licenses on behalf of the government under state law. Supreme Court Justice Samuel Alito says he doesn't like the decision legalizing gay marriage.

Davis first appealed the Supreme Court in seeking to have the damages suit against her tossed out, but her petition was rejected. If the ruling were to be overturned at some point in the future, it would not invalidate marriages already performed, legal experts have pointed out.

A federal appeals court panel concluded earlier this year that the former clerk "cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect. At the time Obergefell was decided in35 states had statutory or constitutional bans on same-sex marriages, according to the National Conference of State Legislatures.

Still, he says, it's precedent. The petition appears to mark the first time since that the court has been formally asked to overturn the landmark marriage decision. The court is expected to formally consider Davis' petition this fall during a private conference when the justices discuss which cases to add to their docket.

The justices "should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," Thomas wrote at the time, referring to the landmark decisions dealing with a fundamental right to privacy, due process and equal protection rights.

She zeroes in on Justice Clarence Thomas' concurrence in that case, in which he explicitly called for revisiting Obergefell. If the case is accepted, it would likely be scheduled for oral argument next spring and decided by the end of June The court could also decline the case, allowing a lower court ruling to stand and avoid entirely the request to revisit Obergefell.

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Supreme Court formally asked to overturn landmark same-sex marriage ruling Kim Davis, a former clerk who refused gay couples, brought the appeal. Blackman predicts many members of the Supreme Court's conservative majority would want prospective challenges to Obergefell to percolate in lower courts before revisiting the debate.

The Respect for Marriage Act requires the federal government and all states to recognize legal marriages of same-sex and interracial couples performed in any state -- even if there is a future change in the law. Only eight states had enacted laws explicitly allowing the unions.