US Supreme Court To Consider Appeal To Overturn Same-Sex Marriage Laws

The Supreme Court of the United States is considering whether to hear an appeal that could challenge the nationwide right to same-sex marriage.

The case could have major implications for LGBTQIA+ people across the U.S.

Former Kentucky county clerk Kim Davis, who in 2015 refused to issue marriage licences to same-sex couples following the landmark Obergefell v. Hodges decision, has asked the high court to both reverse a ruling against her and overturn Obergefell entirely.

Kim Davis seeks reversal of Same-Sex Marriage ruling

In her filing she wrote “The time has come (for a) course correction” on same-sex marriage laws, which saw her fined $100,000 for refusing to marry same-sex couples, she even spent a short period of time in prison over the issue.

Her request would seek to reverse the order for her to pay the $100,000 and to completely overhaul the Obergefell v Hodges decision.

Her lawyer, Mathew Staver of the religious group Liberty Counsel, warned: “in my view, it’s not a matter of if but when it will be overturned.”

Four of the nine justices must vote to hear the appeal, However legal experts say it is a long shot that they will, but if the Court grants review, the consequences could be huge for the LGBTQIA+ community in the US.

The 2015 Obergefell ruling guaranteed nationwide marriage equality for same-sex couples. Now Davis is explicitly asking the Court to revisit and undo that precedent.

A decision of whether or not to hear the appeal is expected in the next week.

For the LGBTQIA+ community, if successful, this decision could be set to upset the lives of many across the country. There are around 823,000 married same-sex couples in the U.S since it was legalised over ten years ago, many of whom raise children and depend on federal and state marriage rights. If Obergefell were overturned, same-sex couples could lose recognition and rights in some states and face legal uncertainty.

One of the Court’s most conservative figures, Samuel Alito, has stated that he is “not suggesting that the decision in that case should be overruled” in reference to Obergefell. However this news follows the decision last week to allow judges in Texas to refuse same-sex weddings, which is already sparking stress and confusion for the community.

This also follows a concerning trend of anti-LGBTQIA+ sentiment, particularly targeting the transgender community. Since the re-election of Donald Trump there have already been growing concerns about the fate of same-sex marriage rights in the US, which sparked a surge in same-sex marriages prior to his election.