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The high court highlighted the appeal of Kim Davisa former Kentucky registrar who refused to issue same-sex marriage licenses, citing her religious beliefs, when it became a constitutional right.
Last Friday the Supreme Court met behind closed doors to debate whether to open this case or not. This Monday he announced that the request was denied in an unsigned order and without giving any explanation for the decision, as is often the case.
If the case had been admitted, this would have meant a new setback, or at least a new threat, for the rights of LGTBIQ+ people in the United States, which have been reduced since President Donald Trump returned to power.
On June 26, 2015, during Barack Obama’s term, the Supreme Court issued a landmark ruling, known as “Obergefell v. Hodges,” that legalized marriage equality nationwide, arguing that the 14th Amendment to the Constitution stipulates that all citizens must receive equal protection under the law.
Thirteen missing states
That ruling forced the thirteen states that at the time still banned gay marriage, including Kentuckyto allow that type of unions.
After a long judicial journey against this measure, Davis’s appeal attempted to take it to the Supreme Court arguing that the First Amendmentwhich enshrines freedom of religion and expression, exempts it from recognizing homosexual marriage.
At least nine states governed by Republicans have promoted initiatives to reverse the Supreme Court ruling on equal marriage at the federal levelin an attempt to put that matter back in the hands of the states.
At the end of October, an order from Supreme Court in Texas ruled that judges who “publicly refrain from performing a marriage” because of a “sincerely held religious belief” are not violating state laws.
A federal law passed in 2022, during Joe Biden’s term, guarantees the recognition of all marriages, including same-sex and interracial marriages, and prohibits any state from recognizing them.