In a last-ditch effort to reverse the landmark 2015 ruling in Obergefell v. Hodges that recognized same-sex marriage rights, former Kentucky county clerk Kim Davis is relying on the words of Justice Clarence Thomas and even citing the views of her ally-turned-opponent, Justice Amy Coney Barrett.
Davis's petition for review is a long shot at overturning the court's decision to recognize same-sex marriage nationwide. The Supreme Court has traditionally been hesitant to revisit precedent, but it seems that Davis may be banking on some justices expressing doubts or disagreement with the Obergefell ruling.
One of Thomas's most cited statements on this topic comes from 2020, when he and Justice Samuel Alito questioned the court's decision in Davis's case. In a statement issued at the time, Thomas wrote that the court had "created a problem" by prioritizing a novel constitutional right over religious liberty interests protected under the First Amendment.
More interestingly, Davis has also cited Barrett's new book, which seems to provide her with an unlikely ally in this fight. The book argues that stare decisis - a term that emphasizes adherence to precedent - is only a "presumption" and that the court can indeed fix mistakes.
It remains unclear whether any justices will grant review of Davis's petition, but it seems unlikely that a majority of the court would support overturning the Obergefell ruling. What might happen instead is that some justices may issue dissents or separate statements expressing their disagreement with the court's denial of this latest petition.
The Supreme Court's private conference on November 7 will likely determine the fate of Davis's petition, and it's anyone's guess what the outcome will be.
Davis's petition for review is a long shot at overturning the court's decision to recognize same-sex marriage nationwide. The Supreme Court has traditionally been hesitant to revisit precedent, but it seems that Davis may be banking on some justices expressing doubts or disagreement with the Obergefell ruling.
One of Thomas's most cited statements on this topic comes from 2020, when he and Justice Samuel Alito questioned the court's decision in Davis's case. In a statement issued at the time, Thomas wrote that the court had "created a problem" by prioritizing a novel constitutional right over religious liberty interests protected under the First Amendment.
More interestingly, Davis has also cited Barrett's new book, which seems to provide her with an unlikely ally in this fight. The book argues that stare decisis - a term that emphasizes adherence to precedent - is only a "presumption" and that the court can indeed fix mistakes.
It remains unclear whether any justices will grant review of Davis's petition, but it seems unlikely that a majority of the court would support overturning the Obergefell ruling. What might happen instead is that some justices may issue dissents or separate statements expressing their disagreement with the court's denial of this latest petition.
The Supreme Court's private conference on November 7 will likely determine the fate of Davis's petition, and it's anyone's guess what the outcome will be.
. It feels like we're taking two steps forward and three back when it comes to equality rights. First, we have Obergefell v. Hodges recognizing same-sex marriage nationwide, and now we're trying to take that away? 
Kim Davis's petition for review is a long shot, but I think this shows how far we still have to go in America.
. The thing that gets me is that Davis and her allies are trying to use our democracy as a tool for their own agendas.
. This is just another reminder that our system isn't perfect, and we need to keep pushing for change 
.
. I think she's really stretching it by trying to get the court to revisit this issue again. Even if Justice Clarence Thomas is an ally (he wrote some pretty scathing things about same-sex marriage back in 2015), I don't think even he thinks the Obergefell ruling can be overturned. And as for Amy Coney Barrett's book, it just seems like a way for Davis to get more attention and sympathy from conservative voters 
. Meanwhile, the majority of Americans are still pretty on board with same-sex marriage 
. It'll be interesting to see what happens at that private conference in November 
. Will some justices issue dissents just to throw a wrench into things? Or will they quietly let the Obergefell ruling stand? Guess we'll have to wait and see 
.
I can feel the frustration and desperation in Kim Davis's situation... she's really putting everything on the line for a cause she believes in 
. It's crazy to think that even Justice Clarence Thomas and Amy Coney Barrett are being cited as allies in her fight... but at the same time, it feels like an uphill battle 
. I just hope that whatever happens next, it brings some closure and understanding to everyone involved 
. The court's decision on November 7 is going to be super crucial - let's all keep our fingers crossed for a positive outcome 
.
. The court's gotten pretty good at standing by its decisions over the years. And what's with her trying to use Justice Barrett's book as an argument? I mean, isn't that like trying to find a loophole in a game of chess? 
Anyway, I'm just not convinced this petition is going to fly. The Supremes have some heavy hitters on their bench right now 
and I think they're gonna keep Obergefell safe for the foreseeable future 
.
She's not giving up on this, even when things seem impossible 
. Justice Clarence Thomas's words are really powerful in this case - he's right that we should be careful about making mistakes that affect our country as a whole 
. And I love how she's trying to use Amy Coney Barrett's book as an ally 
. It shows that sometimes, even people with different views can find common ground and learn from each other 
. Whatever happens next, I'll be rooting for Davis and all those fighting for what they believe in 
. Can't wait to hear the results of that conference on Nov 7! 
divided into three slices: same-sex marriage (red), religious liberty interests (green) and constitutional rights (blue). The Supreme Court has been like a referee in this game for years 
️, keeping all these slices separate.
. She's got Justice Clarence Thomas on her side 
. And then she's thrown a wild card by citing Justice Amy Coney Barrett's book about stare decisis 
.
. It won't be a complete overhaul, but more of a 'we respectfully disagree' 
Like, can you even believe that Justice Clarence Thomas is saying that the court created a problem by recognizing same-sex marriage rights?!?! That's like, totally insane! And now Kim Davis is citing his views and Amy Coney Barrett's book as her argument against the Obergefell ruling... I'm like, 100% sure that this is gonna go down in history as one of the craziest Supreme Court cases ever! 
But for real tho, it's gonna be so interesting to see what happens next. Will they actually grant review or just deny it again? The suspense is killing me!!! 
. What I'm most curious about now is what happens at that private conference on November 7 - will Davis get her wish? Only time (and maybe some justices with some growing pains) will tell 
. The Supreme Court usually doesn't revisit landmark decisions, and even if they did, I don't think a majority would side with Davis 
. He actually co-authored an opinion in 2020 where he questioned the court's decision to let same-sex couples get married 
️.
. It's like she's saying, "Hey, stare decisis is just a suggestion... 
". But honestly, it's hard to see this playing out in favor of Davis 
.
? One thing's for sure, though: we're going to get some juicy dissents and separate statements if this petition gets denied 
.
and we shouldn't have to keep fighting for our rights 
just read about kim davis trying to challenge same-sex marriage again 
she's got some bold moves citing justice thomas & amy coney barrett 
but let's be real it's a long shot 
anyone think the suprme court will actually grant review? 
️ so this feels like a bit of a stretch 
still might get some justices to chime in w/ dissenting opinions 
or maybe just shake their heads