Is gay marriage going back to the supreme court

Justice Anthony Kennedy predicts : 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

That clerk, Kim Davis, is back in the news again this summer, this time because she has asked the justices to overturn their decision. After Davis filed her petition for review, Moore and Ermold had two options. Thomas, in Dobbs v.

They could file a response to the petition, or they could forgo their right to respond — known as a waiver. Inshortly after the Supreme Court recognized a constitutional right to same-sex marriage in Obergefell v. Cases: Obergefell v. 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.

"The Supreme Court will hear a case about gay marriage; my prediction is they will do to gay marriage what they did to abortion—they will send it back to the states," Clinton said in a recent. In this scenario, the justices never discuss the case at their private conference.

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. Still, he says, it's precedent.

Moore and Ermold filed a lawsuit against Davis, alleging that she had violated their constitutional right to marry.

Justices Samuel Alito and Neil Gorsuch do not participate in the cert pool and screen petitions on their own. Whether at least five of these six justices would vote to overturn Obergefell remains to be seen. Whether the court will grant review really boils down to whether there are four votes to take up the question.

Why Justice Alito said : The court of appeals acknowledged that in Obergefell the Supreme Court observed that “many people ‘deem same-sex marriage to be wrong’ based on ‘religious or philosophical premises

Supreme Court formally asked to overturn landmark same-sex marriage ruling Kim Davis, a former clerk who refused gay couples, brought the appeal. While this moratorium was in effect, Davis refused to issue a marriage license to Moore and Ermold. 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. 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.

Supreme Court Justice Samuel Alito says he doesn't like the decision legalizing gay marriage. Their response is currently due on Sept. In deciding whether to grant a particular petition for review, the justices take a variety of factors into account.

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. InDavis was the clerk of Rowan County, Kentucky. 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.

Posted in Court AnalysisUncategorized. Her job description included issuing licenses — such as marriage licenses — to county residents. 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.

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.