The court did not explain its reasoning to deny the appeal, which had received outsized attention – in part because the court’s 6-3 conservative majority three years ago overturned Roe v. Wade and the constitutional right to abortion that 1973 decision established. Since then, fears about Obergefell being the precedent to fall have grown.
Midterms. They saw what happened recently with the GOP loses and said nah. They are not stupid. They will get their chance next time.
Last I heard, public opinion still favors same-sex marriage. I would expect a major propaganda offensive against homosexuality specifically to be lined up ahead of time before they go for it - reverting the overton window to the same-sex marriage ‘debate’ of the aughts at the very least. Rolling back trans rights and abortion rights was easy for them because those things were still contained in the frame of ‘debatability’.
Yes it’s consistently around two-thirds of Americans who approve. It’s ticked down a little bit as Republicans have gotten worse about it, but democrat and independent voters are still for it very consistently.
Talk of a major shift is overblown.
Allowing abortion is still easily the most popular stance, though. Granted, the consensus around same-sex marriage is stronger.
Am I understanding that for once this year the supreme court accidentally did something good?
Not even good, just decided not to do the bad thing they could’ve very easily done
The Supreme Court’s decision to decline to hear the Davis appeal sets no precedent. If another appeal arrives threatening to undermine or overturn Obergefell, the court will review that appeal from scratch.
I saw Bluesky posts today from quite a few lawyers (and law brains) that basically said Kim Davis had no case so it was thrown out. One post I saw chastised the media for making it seem that Davis might have a case. Eventually though - the GOP justices will use the media, their speeches, etc to telegraph to the republicans want kind of case they need to kill gay marriage. A suitable case will eventually reach them at a time of their choosing and then they’ll kill it.
And here’s something to brighten everybody’s day. Davis will have to pony up 100,000s of dollars.
The court denied an appeal from Kim Davis, the former Kentucky county clerk who now faces hundreds of thousands of dollars in damages and legal fees for refusing to issue marriage licenses after the court’s decision in Obergefell v. Hodges allowed same-sex couples to marry.
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The Supreme Court is savvy enough to drop these little crumbs now and then to keep some appearance of legitimacy
Little surprised by this honestly
My comment - https://hexbear.net/comment/6661684
I’m not super surprised by this. Kim Davis doesn’t have a very strong case for doing what they want to do. They’d rather wait until they have a knock-out argument to give them cover.
Yeah, taking the Davis case would absolutely be the right shooting themselves in the foot. It’s legally suspect and not yet a good publicity move.
Correct me if i’m wrong, but gay & interracial marriage were codified into federal law by congress in the Biden era, so repealing it wouldn’t do anything unless congress repealed that too?
No, it was SCOTUS.
SCOTUS can’t codify law it just interprets it, i’m talking about the 2022 Respect for Marriage Act
Yeah, that’s what I’m saying. It didn’t codify it into law.
Depends on the case before the Court. The Court has the power to invalidate any law passed by Congress on the grounds that such law is unconstitutional. So one could imagine a ruling which rules both that the respect for marriage act is unconstitutional (first amendment or no congress authority due to not covered by commerce clause) and that Obergefell was wrongly decided (general overrule of SDP)
