Former clerk of Rowan County in Kentucky Kim Davis has appealed to the Supreme Court to overturn the 2015 gay marriage ruling.
Davis refused to give a marriage licence to a same-sex couple in her county. David Moore and David Ernold sued Davis for declining their licence on religious grounds, which is illegal.
By appealing to the Supreme Court, she hopes they will absolve her for her brief jailtime after refusing the licence. She could receive $100,000 in emotional damages and $260,000 in attorney fees. She argues that the court’s decision to legalise gay marriage was “egregiously wrong”.
Kim Davis’ background on marriage
According to activist Matt Bernstein, Davis has married three different men an even conceived children out of wedlock. On an Instagram post he stated: “She has two kids with husband #1, and while still married, conceived twins with the man who would become husband #3. Those twins were adopted by husband #2, who she then divorced to marry husband #3, who she later divorced to remarry husband #2, making him husband #4.”
Davis describes herself as “a constitutionally defenceless orphan”. Her appeal extends to substantive due process as well, which covers laws that protect fundamental rights from government infringement. These laws include protections for interracial marriage, privacy and the right to abortion.
While 70 per cent of Americans support marriage equality increasing Republican power in the government may overrule the public’s beliefs. At least nine states are pushing legislation to restrict new licences for gay marriage.
Davis’ appeal and claims have been dismissed by lower courts that deem her appeal a long shot. A federal appeals court panel concluded that she: “cannot raise the First Amendment as a defense because she is being held liable for state action, which the First Amendment does not protect.” The First Amendment protects freedom of speech and expression.
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