Seems Kim Davis’s quarter-hour of fame aren’t over but.
You in all probability thought the Kentucky clerk who refused to observe the regulation and wouldn’t present same-sex couples with marriage licenses within the wake of the landmark marriage equality case Obergefell v. Hodges, was, like skinny denims and facet components, an indication of a bygone period. However now that flouting the regulation till it bends to your most well-liked non secular proclivities is all the fashion, Davis is again.
Davis is interesting an order directing her to pay a same-sex couple $100,000 in compensation (plus attorneys charges) for denying them a wedding license. Within the attraction, Davis asks the Supreme Court to overturn the Obergefell case, and even the ask is deeply regarding. As a result of if you happen to’ve been paying consideration, you know the Supreme Court is gunning for Obergefell.
And it’s not simply the doom-vibes of 2025 that has me predicting one more roll again of rights. There’s loads of written proof that demonstrated a majority of the Court docket is able to finish marriage equality.
It began with Samuel Alito’s unhinged dissent in Obergefell, and he still can’t let it go. In 2020, in a denial of cert in one other case involving Davis, Alito and Thomas railed towards Obergefell and its “ruinous penalties for non secular liberty.” Then there was Alito’s *majority* opinion overturning established precedent guaranteeing the proper to reproductive freedom in Dobbs, which creates parallels between the proper established in Obergefell and reproductive freedom, as they’re not “deeply rooted in historical past.” And, in fact, the concurrence in that case written by Clarence Thomas explicitly says the Court docket ought to “rethink” its jurisprudence on marriage equality (in addition to the Court docket’s holdings on consensual sexual contact and contraception, so there’s extra horror to look ahead to).
In fact, not everybody sees the downfall of marriage equality within the tea leaves. Axios has a panel of consultants, like Mary Bonauto, lawyer to Jim Obergefell, who’re extra optimistic. Bonauto stated, “There’s good purpose for the Supreme Court docket to disclaim assessment on this case quite than unsettle one thing so optimistic for {couples}, youngsters, households and the bigger society as marriage equality.”
Oh, my expensive candy summer season youngster. Irrespective of how a lot you and I (and 69% of Americans) see marriage equality as a societal good, Alito very much sees it otherwise. The present Court docket is disturbingly down with shredding precedent and issuing selections wildly out of line with what the majority of Americans imagine so long as it matches *their* vision of what the nation ought to be. So, yeah. It’s time to begin prepping for a regression.
California and Hawaii are already ensuring zombie laws that predate Obergefell don’t come again from the lifeless. And estate lawyers are available to guard {couples}’ relationships with contracts. As a result of the time to fret is now.
Kathryn Rubino is a Senior Editor at Above the Legislation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the very best, so please join along with her. Be happy to e mail her with any suggestions, questions, or feedback and observe her on Twitter @Kathryn1 or Mastodon @[email protected].
