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Kentucky clerk’s bid to challenge same-sex marriage failsΒ 

The U.S. Supreme Court denied a challenge to a landmark ruling protecting same-sex marriage equality. The rainbow flag of the gay pride movement and the flag of the United States | Getty Images

The United States Supreme Court has declined to revisit the 2015 landmark ruling that gave same-sex couples marriage equality, a failure for former Rowan County Clerk Kim Davis.

Davis made national headlines in 2015 for refusing to issue marriage licenses to several same-sex couples based on her religious beliefs. With the help of conservative legal firm Liberty Counsel, Davis has tried to avoid paying $100,000 as ordered by a federal jury to one of the couples she refused, David Ermold and David Moore. She ultimately tried to use that appeal to challenge Obergefell v. Hodges, the case that required states to license same-sex marriages.

The nation’s highest court on Monday said it will not hear the challenge.

Mat Staver, Liberty Counsel’s founder and chairman who represents Davis, said he β€œwill continue to work to overturn Obergefell.”

β€œDavis was jailed, hauled before a jury, and now faces crippling monetary damages based on nothing more than purported hurt feelings,” Staver said. β€œBy denying this petition, the High Court has let stand a decision to strip a government defendant of their immunity and any personal First Amendment defense for their religious expression.”

The nation’s highest court will not hear the challenge to Obergefell v. Hodges (Screenshot)

Kevin Jennings, the CEO of Lambda Legal, a pro-LGBTQ+ advocacy law firm, called the case β€œfrivolous” in celebrating its defeat.

β€œThis is a victory not only for the LGBTQ+ community, but for everyone who believes in our Constitution and the rule of law. The court’s decision reaffirms a simple fact: equal protection of the law applies to all, not just some,” Jennings said in a statement. β€œThis frivolous case now belongs in the trash bin of history.”

Jenny Pizer, Lambda Legal’s senior director of strategic initiatives said the decision to not hear the case by the Supreme Court β€œrightly leaves marriage equality crystal clear and undisturbed.”

Pizer said LGBTQ+ people and their families β€œstill need vigilance and protection,” though.

β€œWe secured the freedom to marry for same-sex couples over a decade ago in our landmark 2015 Supreme Court victory, Obergefell v. Hodges, thanks to the powerful stories of thousands of couples and their families throughout the country, including in our many court cases,” Pizer said. β€œThe fundamental rights of liberty and equal protection that the court affirmed back then remain essential for all American families today.”

Kentucky Lantern is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com.

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