The Tokyo High Court has upheld Japan’s ban on same-sex marriage, declaring the current civil law provisions constitutional, a stance unique among high court rulings on the matter. The court reasoned that the traditional marriage system aids in child-rearing and that the Constitution’s freedom of marriage does not extend to same-sex couples, while also expressing concern over the lack of parliamentary progress. This decision contrasts with previous rulings from other Japanese courts that found the lack of legal recognition for same-sex marriage unconstitutional, although these rulings rejected compensation claims. With the plaintiffs planning an appeal, a unified decision from the Supreme Court is anticipated in the coming year.
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EU court says same-sex marriages should be recognised throughout the bloc, and that’s a big deal. The European Union’s highest court has essentially stated that when a same-sex couple gets married in one EU country, all other member states should respect that marriage. This means a couple legally wed in, say, Germany, should have their marriage recognised if they move to Poland, even though Poland itself doesn’t allow same-sex marriage. The court’s reasoning centres around the freedom to move and reside within the EU, and the fundamental right to respect for private and family life. Essentially, if a marriage is legal in one part of the EU, it should be treated as legal throughout.… Continue reading
The Supreme Court has rejected an appeal by Kim Davis, the former Kentucky county clerk, who refused to issue marriage licenses to same-sex couples due to her religious beliefs. Davis’s appeal, which sought to overturn the 2015 Obergefell v. Hodges decision, drew attention amidst concerns about the court potentially revisiting the landmark ruling. Though Davis argued her religious freedom was violated, the court did not address the larger question of overturning the Obergefell decision, as the court has a conservative majority and Justice Alito, who authored the abortion ruling, indicated he was not pushing for Obergefell to be overturned. The justices dismissed the appeal without comment, leaving the 2015 decision intact.
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The Supreme Court declined to hear the appeal from Kim Davis, the former Kentucky county clerk who refused to issue marriage licenses to same-sex couples, leaving the landmark Obergefell v. Hodges decision intact. This decision comes amidst concerns from LGBTQ advocates about the conservative court potentially revisiting the 2015 same-sex marriage ruling, especially after the overturning of Roe v. Wade. While the court did not explain its reasoning, the denial of the appeal maintains the constitutional right to same-sex marriage, leading to relief among LGBTQ+ advocates. The case focused on technical questions regarding religious protections, but the primary concern was whether the court would reconsider the Obergefell decision.
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The Supreme Court is currently considering a challenge to the Obergefell v. Hodges decision, stemming from a case brought by Kim Davis, who refused to issue marriage licenses to same-sex couples. The court is meeting in private to determine if it will hear the appeal, which seeks to overturn the landmark ruling that legalized same-sex marriage. Despite the court’s conservative shift, signals suggest they may not be ready to revisit the issue so soon, considering reliance interests and the principle of stare decisis. However, some believe this is the beginning of a larger challenge to the decision, and LGBTQ advocates remain concerned about the potential for future legal battles.
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The Supreme Court is considering a longshot appeal from Kim Davis, the former Kentucky court clerk who refused to issue marriage licenses to same-sex couples, potentially calling for a review of the landmark Obergefell v. Hodges ruling. Davis seeks to overturn a lower court order requiring her to pay damages for denying a marriage license, with her lawyers citing Justice Clarence Thomas’s calls to eliminate the same-sex marriage ruling. Justices like Roberts and Alito, who dissented in the original decision, remain on the court, with Justice Barrett suggesting that overturning same-sex marriage might be more complex than the abortion ruling due to reliance on the decision.
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The Supreme Court is poised to consider a challenge from Kim Davis, the former Kentucky county clerk, regarding the legality of same-sex marriage. Davis, who previously defied court orders and was briefly jailed for refusing to issue marriage licenses to same-sex couples, is petitioning the court to overturn the landmark Obergefell v. Hodges ruling. A 2024 Gallup poll indicates that a majority of Americans support same-sex marriage, though partisan divides persist. The Supreme Court will decide whether to hear the case, with a decision expected as early as November 10, potentially setting up a significant moment for LGBTQ+ rights.
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The Supreme Court is set to consider Kim Davis’ challenge to same-sex marriage at a private conference, marking the first time the justices will deliberate on the case. Davis, a former Kentucky clerk, refused to issue marriage licenses to same-sex couples, leading to a lawsuit and a subsequent jury awarding damages to the couple. The 6th Circuit rejected Davis’ appeal, citing that she was acting on behalf of the government, and therefore not protected by the First Amendment. Davis has requested the Supreme Court to review the decision, arguing her religious beliefs were violated.
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As SCOTUS considers whether to hear a case that could threaten federal protections for same-sex marriage, former Secretary of State Hillary Clinton has advised same-sex couples to consider getting married. Clinton expressed concern that the court could overturn the national right to marriage equality, potentially sending the issue back to individual states for decisions. This comes as a result of a case brought by former county clerk Kim Davis, who is appealing a financial penalty after refusing to issue marriage licenses to same-sex couples post-Obergefell v. Hodges. If marriage equality were overturned, existing marriages would likely be grandfathered, but states could be given the power to halt future same-sex unions.
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Supreme Court formally asked to overturn landmark same-sex marriage ruling.
It’s honestly hard to know where to begin with this latest development: the Supreme Court being formally asked to overturn the landmark same-sex marriage ruling in *Obergefell v. Hodges*. It feels like a punch to the gut, even though many of us saw this coming from a mile away. The news immediately brings to mind the name of Kim Davis, and not for good reasons. She’s back in the spotlight, and it seems her arguments are echoing those of others who want to roll back the clock on marriage equality. It’s disheartening to see.… Continue reading
John Q. Hosedrinker 
Matt Underwood