A call to overturn the landmark Supreme Court decision legalizing same-sex marriage nationwide is on the agenda Friday for the justices' closed-door conference. Among the new cases the justices are expected to consider is a longshot appeal from Kim Davis, the former Kentucky court clerk who refused to issue marriage licenses to same-sex couples following the court's 2015 ruling in Obergefell v. Hodges. Davis had been trying to get the court to overturn a lower court order for her to pay $360,000 in damages and attorney's fees to a couple whom she denied a marriage license. Clarence Thomas is the only justice to call for erasing the same-sex marriage ruling.
A divided Supreme Court has ruled that individual judges lack the authority to grant nationwide injunctions, but the decision leaves unclear the fate of President Donald Trump's restrictions on birthright citizenship. The outcome Friday was a victory for Trump, who has complained about individual judges throwing up obstacles to his agenda. But a conservative majority left open the possibility that the birthright citizenship changes could remain blocked nationwide. The Republican president's order would deny citizenship to U.S.-born children of people who are in the country illegally. Trump says the court's decision is "amazing" and a "monumental victory for the Constitution," the separation of powers and the rule of law.
On June 26, 2015, in its 5-4 Obergefell v. Hodges decision, the U.S. Supreme Court legalized same-sex marriage across the country, ruling that state-level bans on same-sex marriage violated the due process and equal protection clauses of the Fourteenth Amendment.
