Is Marriage Equality for LGBTQ+ Couples In Danger?

In 2013, James Obergefell and John Arthur wed after facing a difficult diagnosis and wishing to spend the rest of their time together as spouses. The couple, with Arthur confined to bed due to his condition, boarded a plane to Maryland, as same-sex marriage was illegal in the state of Ohio where they resided. However, upon returning to their home state, Obergefell learned that he would not be listed on Arthur’s death certificate as his surviving spouse. 

After filing their case, Obergefell v. Wymyslo — the director of the Ohio Department of Health at the time — in July of that same year, Judge Timothy Black of Ohio ruled in Obergefell’s favor. However, the Ohio Department of Health appealed, and Obergefell v. Hodges — the new department head — reached the Supreme Court in 2015. On June 26, 2015, the Supreme Court ruled that same-sex couples were protected by the 14th Amendment, therefore requiring all states to recognize and issue marriage licenses to LGBTQ+ couples. 

While this was a landmark case for many equality-seeking Americans, many were unhappy with this decision, such as Former Kentucky county clerk Kim Davis. A mere day after the decision, she announced that her office would not issue marriage licenses to any couple, regardless of their sexual orientation. Her backing was based on her religious beliefs, which she said prevented her from acknowledging same-sex unions.

The refusal to issue marriage licenses resulted in two lawsuits: Miller v. Davis, filed by the ACLU on behalf of four couples — two same-sex and two straight — and Ermold v. Davis, a same-sex couple that was denied a license less than two weeks after Obergefell.

Davis was briefly jailed for contempt in court in Miller v. Davis, and the Kentucky county office resumed issuing licenses in 2016, following the passage of legislation that allowed clerks to remove their names from licenses with which they disagreed. The court also ruled in Ermold’s favor in 2023, and the couple was awarded $50,000 each in damages.

However, Davis appealed the court’s decision in Ermold v. Davis to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit denied her claim, arguing that while her religious beliefs are protected under the First Amendment as a private citizen, she can not use those beliefs to act on behalf of the government. 

Now, Davis is requesting that the Supreme Court not only review the Sixth Circuit’s denial but also reconsider their stance on Obergefell. The judges are scheduled to discuss whether they will grant the case review in their first of two conferences on Nov. 7. Whether the justices take the case depends on the opinion of at least four justices. However, it’s reported to be highly unlikely that the case will be accepted unless the court is confident that it will have a 5th vote willing to overturn Obergfell. In layman’s terms, it is very unlikely this case will go all the way to the Supreme Court unless the justices are willing to overturn a landmark case involving LGBTQ+ equality. 

While it seems improbable that SCOTUS would be willing to cause such controversy, Dobbs v. Jackson Women’s Health Organization argues otherwise. This 2022 case overturned Roe v. Wade, otherwise known as a woman’s right to abortion protected by the Constitution. If a decision like that can be overturned, who’s to say where this court stops?

While this is our reality, the court has given us no reason to fear for marriage equality yet, as Davis’s case is merely a request for review. That said, be sure to stay informed, reach out to your local lawmakers, and show your support for marriage and family equality. 

• equality
• lgbtq
• love
• marriage
• marriage equality
• Supreme Court