Fact Check: Kim Davis was jailed in 2015 for refusing to issue marriage licenses to same-sex couples. She is now trying to get the Supreme Court to overturn same-sex marriage, likened to Roe v. Wade.

Fact-Check Article: Kim Davis and the Supreme Court's Same-Sex Marriage Ruling

What We Know

In 2015, Kim Davis, the former county clerk of Rowan County, Kentucky, was jailed for six days after refusing to issue marriage licenses to same-sex couples, citing her religious beliefs. This incident occurred shortly after the Supreme Court's decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. Davis's refusal to issue licenses led to a lawsuit filed by a same-sex couple, resulting in a jury verdict against her for emotional damages and attorney fees totaling over $360,000 (ABC News, Newsweek).

Recently, Davis has petitioned the Supreme Court to reconsider the Obergefell ruling, arguing that it was "egregiously wrong" and that her actions were protected under the First Amendment (ABC News, USA Today). Her legal team draws parallels between her case and the recent overturning of Roe v. Wade, suggesting that the Court should similarly revisit its decision on same-sex marriage (MSNBC, The Hill).

Analysis

The claim that Kim Davis was jailed for refusing to issue marriage licenses to same-sex couples is accurate and well-documented. Her actions in 2015 led to significant legal consequences, including her brief incarceration. The context surrounding her case has evolved, as she is now attempting to leverage her situation to challenge the Obergefell decision in the Supreme Court.

Davis's petition is notable because it marks a formal request to overturn a landmark ruling that has been widely accepted since its issuance. Legal experts have expressed skepticism about the likelihood of success for her appeal. For instance, a federal appeals court previously ruled that Davis could not use the First Amendment as a defense because her actions were state actions, which are not protected under that amendment (ABC News, Newsweek). Furthermore, many legal analysts believe that the Supreme Court may be reluctant to revisit Obergefell, given its established status and the current public support for same-sex marriage (The Independent, Fox News).

The sources consulted for this analysis are credible, including major news outlets and legal experts. However, it's important to note that opinions on the potential for Davis's case to succeed vary widely, reflecting differing interpretations of constitutional law and public sentiment regarding marriage equality.

Conclusion

Verdict: True

The claim that Kim Davis was jailed in 2015 for refusing to issue marriage licenses to same-sex couples is true. Additionally, her current efforts to have the Supreme Court overturn the Obergefell v. Hodges decision align with her previous actions and statements. While her petition represents a significant legal challenge, the prevailing expert opinion suggests that the likelihood of the Supreme Court overturning Obergefell remains low, given the established legal precedent and public support for same-sex marriage.

Sources

1. Supreme Court formally asked to overturn landmark same-sex marriage ruling
2. Same-Sex Marriage Turnback 'Possible But Unlikely', Newsweek
3. Ex-Kentucky clerk Kim Davis asks Supreme Court to overturn Obergefell, USA Today
4. Kim Davis wants the Supreme Court to join her crusade, MSNBC
5. Kim Davis asks Supreme Court to reverse same-sex ruling, The Hill
6. Supreme Court to hear case that could upend same-sex marriage, The Independent
7. Will the Supreme Court revisit its ruling on same-sex marriage?, SCOTUS Blog
8. Kim Davis' lawyer: 'Good chance' Supreme Court will revisit, Fox News