Reuters reports:
The Supreme Court is leaving in place a decision that allowed a lawsuit to move forward against a Kentucky clerk who was jailed in 2015 after refusing to issue marriage licenses to same-sex couples.
The high court said Monday it would not take the case involving Kim Davis, the former clerk of Rowan County, and two same-sex couples who had sued her.
Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by couples David Ermold and David Moore as well as James Yates and Will Smith. Their case will now move forward.
As you can see below, it’s not all good news.
The Supreme Court turned away Kim Davis’ case, but Thomas (joined by Alito) wrote a jaw-dropping rant taking direct aim at Obergefell and suggesting that SCOTUS must overturn the right to marriage equality in order to protect free exercise. https://t.co/qES8IZkw0U pic.twitter.com/F0zrYdBaeH
— Mark Joseph Stern (@mjs_DC) October 5, 2020
Thomas and Alito give a full-throated defense of Kim Davis, saying she was persecuted for her “traditional Christian values.”
“Davis may have been one of the first victims of this Court’s cavalier treatment of religion in its Obergefell decision, but she will not be the last.”
— Mark Joseph Stern (@mjs_DC) October 5, 2020
“Since Obergefell, parties have continually attempted to label people of good will as bigots merely for refusing to alter their religious beliefs in the wake of prevailing orthodoxy.” -Thomas
Two Supreme Court justices have essentially said that Kim Davis is a modern-day martyr.
— Mark Joseph Stern (@mjs_DC) October 5, 2020
Folks, a round of applause for the attorneys—including @Public_Citizen‘s @pulvinator—who successfully opposed Kim Davis’ petition by explaining that the case is way too messy to be a clean vehicle. Even Thomas and Alito acknowledged that fact. https://t.co/AN2IUXKoeW
— Mark Joseph Stern (@mjs_DC) October 5, 2020
So much for precedent and judicial restraint. Two justices now openly call for an end to marriage equality—knowing reinforcements are on the way.
The stakes could not be higher. https://t.co/C8vCltkgRD
— Pete Buttigieg (@PeteButtigieg) October 5, 2020