Supreme court justices on gay marriage

Supreme Court may undo : Kim Davis, a former clerk who refused gay couples, brought the appeal

That clerk, Kim Davis, is back in the news again this summer, this time because she has asked the justices to overturn their decision. Supreme Court Justice Samuel Alito says he doesn't like the decision legalizing gay marriage.

Cases: Obergefell v. Their response is currently due on Sept. They could file a response to the petition, or they could forgo their right to respond — known as a waiver. InDavis was the clerk of Rowan County, Kentucky. Thomas, in Dobbs v. Hodgesa local county clerk from Kentucky made national headlines when she refused on religious grounds to issue a marriage license to a gay couple, David Moore and David Ermold.

Although a county attorney told Davis that she would be required to issue marriage licenses to same-sex couples, Davis opted instead to stop issuing marriage licenses to anyone — gay or straight. While this moratorium was in effect, Davis refused to issue a marriage license to Moore and Ermold.

Whether at least five of these six justices would vote to overturn Obergefell remains to be seen. Justices Samuel Alito and Neil Gorsuch do not participate in the cert pool and screen petitions on their own. In this scenario, the justices never discuss the case at their private conference.

Her job description included issuing licenses — such as marriage licenses — to county residents. Although, as a statistical matter, Davis may face tough odds on convincing the Supreme Court to grant review, the real question is whether there are four votes to revisit Obergefell and five to overrule it.

Alito Hints Supreme Court Won’t Overturn Gay Marriage Ruling Justice Alito says Obergefell remains a precedent “entitled to respect,” despite his personal opposition to same-sex marriage. Still, he says, it's precedent. Whether the court will grant review really boils down to whether there are four votes to take up the question.

Davis appealed to the U. Court of Appeals for the 6th Circuit, where she argued among other things that she could not be held liable because issuing Moore and Ermold a marriage license would have violated her right to freely exercise her religion.

Posted in Court AnalysisUncategorized. Moore and Ermold filed a lawsuit against Davis, alleging that she had violated their constitutional right to marry. After Davis filed her petition for review, Moore and Ermold had two options.

In a separate case regarding her refusal to issue any marriage licenses, U. District Judge David Bunning ordered Davis to issue the licenses to both gay and straight couples. But litigants are only required to submit a brief form memorializing their decision to waive, so there is no way to know why Moore and Ermold ultimately chose in early August to waive their right to respond.

Retired Justice Anthony Kennedy, who wrote the Supreme Court’s opinion declaring a right to same-sex marriage, recalled on Wednesday one of the poignant realities that influenced him. Instead, at least one justice — potentially Justice Samuel Alito or Neil Gorsuch, because the justices who participate in the cert pool would not yet have received a memorandum describing the case — at least wanted to think about it.

Supreme Court formally asked : S

Inshortly after the Supreme Court recognized a constitutional right to same-sex marriage in Obergefell v. When the litigants who won in the lower court waive their right to respond, the Supreme Court normally takes one of two steps: It can deny review based solely on the petition, without ever hearing from the other side.

In deciding whether to grant a particular petition for review, the justices take a variety of factors into account.