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Supreme Court to Consider Whether to Hear Same-Sex Marriage Case

  • On Nov. 7, the U.S. Supreme Court will privately consider whether to hear Kim Davis's challenge to overturn Obergefell v. Hodges, with a possible announcement on Nov. 10.
  • In 2015, Davis refused to issue licenses to same-sex couples on religious grounds, leading a federal judge to find Kim Davis, former Rowan County clerk in Kentucky, in contempt and jail her for six days.
  • Lower courts have repeatedly rejected Davis's legal arguments, with the U.S. Court of Appeals for the 6th Circuit ruling she acted as a government official and the Free Exercise Clause did not shield her from civil liability under Section 1983.
  • If the Court grants review, oral arguments could be scheduled next spring with a possible decision by June, while the Respect for Marriage Act ensures states recognize existing same-sex marriages.
  • Public opinion and individual justices' statements raise the stakes of any review as Justice Clarence Thomas and Justice Samuel Alito urge revisiting Obergefell, while Justice Amy Coney Barrett notes its "very concrete reliance interest" and Gallup poll shows 69 percent support for marriage equality.
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American Thinker broke the news in on Sunday, October 5, 2025.
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