On Nov. 10, 2025, the U.S. Supreme Court declined to hear an appeal from former Kentucky county clerk Kim Davis, effectively ending her effort to overturn the 2015 decision in Obergefell v. Hodges. The justices allowed a lower court ruling to stand that Davis is liable for more than $100,000 in damages and legal fees to a same-sex couple she denied a marriage license. The couple, David Moore and David Ermold, sued after Davis refused to issue them a license in 2015, citing her religious beliefs. Davis, who served as the Rowan County clerk, briefly went to jail for contempt of court during the dispute. The Supreme Court rejected Davis’ petition in Davis v. Ermold through a brief, unsigned order. No justice publicly noted a dissent.

According to an article published by SCOTUSblog titled “Supreme Court declines to hear case on constitutionality of same-sex marriage,” the dispute began shortly after the court’s decision in Obergefell v. Hodges. As Rowan County clerk, Davis was responsible for issuing marriage licenses but refused to grant one to Moore and Ermold. Davis later stopped issuing marriage licenses to any couples, gay or straight. When Moore and Ermold again sought a license, Davis told them she was acting “under God’s authority” and said they could obtain a license in another county. Two lawsuits followed. One was filed by Moore and Ermold, who argued Davis violated their constitutional right to marry. Another challenged her refusal to issue any marriage licenses at all. In that case, U.S. District Judge David Bunning ordered Davis to issue licenses to both same-sex and opposite-sex couples. After Davis and her deputies again refused to issue licenses, Kentucky lawmakers later passed legislation allowing county clerks to remove their names and signatures from marriage license forms to accommodate religious objections. Moore and Ermold’s lawsuit against Davis went to trial, and a jury awarded each of them $50,000 in damages. Davis appealed to the U.S. Court of Appeals for the 6th Circuit, which upheld the award. The appeals court rejected Davis’ argument that issuing the license would violate her First Amendment right to freely exercise her religion. The court ruled that because Davis was acting as a government official when she refused the license, her actions were not protected by the First Amendment.

Davis then asked the Supreme Court to review the case, arguing that the justices should determine whether the First Amendment could serve as a defense in the lawsuit and reconsider the Obergefell decision. She contended the 2015 ruling “had no basis in the Constitution” and forced her to choose between her religious beliefs and her job. Moore and Ermold urged the court to reject the appeal. They argued Davis raised a new version of her First Amendment argument after years of litigation, leaving lower courts without a fair opportunity to address it. They also said Davis had previously told a lower court she did not want to relitigate Obergefell. According to “SupremeCourt.gov” Davis’s petition, along with the couple’s response and Davis’ reply, was distributed to the justices in October for consideration at a Nov. 7 conference. At least four justices would have needed to vote to hear the case. The court’s order indicated she did not receive the required support. The decision leaves in place the 6th Circuit’s ruling that Davis acted as a government agent rather than a private citizen and therefore could not use her personal religious beliefs to deny marriage licenses.

Sources:

Supreme Court declines to hear case on constitutionality of same-sex marriage - SCOTUSblog

Search - Supreme Court of the United States