US Supreme Court to consider hearing plea to overturn legalisation of same-sex marriages nationwide

‘Under God’s authority’

But, citing personal religious objections to same-sex marriage, Davis began denying marriage licences to all couples to avoid issuing them to same-sex couples.

Despite several court orders explicitly asking her to start issuing marriage licences, Davis refused to comply with the directions “under God’s authority”.

She was later found guilty of contempt of court and was jailed for five days. Davis was also ordered to pay $360,000 to a gay couple whom she had refused to issue marriage licences. The court awarded the couple $100,000 for emotional damages plus $260,000 for attorneys’ fees.

Attempts to overturn Obergefell v. Hodges

Since then, Davis has been attempting to overturn the 2015 SC order, arguing that it was a mistake. In the petition filed in the SC, her lawyers also argued that the First Amendment protection for free exercise of religion immunised her from personal liability for the denial of marriage licences.

Conservative majority in Supreme Court

Notably, the 2015 Obergefell v. Hodges ruling was split 5-4 and three of the dissenting judges, including Justice Clarence Thomas, Chief Justice John Roberts, and Justice Samuel Alito, still remain in the court.

The US Supreme Court currently has a 6-3 conservative majority and Justice Amy Coney Barrett, a Trump appointee, has said there are times when the court should correct mistakes and overturn decisions, as it did in the 2022 case that ended a constitutional right to abortion.

Will Obergefell v. Hodges be another Roe v Wade?

Legalisation of same-sex marriages is something many conservatives in the US have called to be overturned like the ruling in Roe v Wade in 2022 by the SC.

But Barrett has suggested recently that same-sex marriage might be in a different category than abortion because people have relied on the decision when they married and had children.