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'A lot of issues' with this case: Attorney on challenge to overturn same-sex marriage
MSNBC· 2025-11-07 18:48
Supreme Court Review of Kim Davis Case - The Supreme Court is considering Kim Davis's appeal in a closed-door conference session, where justices review petitions of cases they might take up [3] - Four justices need to vote in favor to take up the case, and a decision on whether to grant or deny cert could be announced as early as Monday [4] Potential Implications for Marriage Equality - There is anxiety within the LGBTQ+ community and among supporters of gay rights regarding the potential jeopardy of marriage equality [5] - For the Supreme Court to take the case, the issues need to be clearly presented, but there are concerns that this case does not meet that standard [6][7] - Overturning Obergefell would require significant justification, especially considering the reliance interests of families, businesses, and the overall economy on marriage [10] Legal Arguments and Precedents - The legal issue in the Dobbs case focused on whether abortion was a protected liberty, which the court denied, distinguishing it from marriage [12][13] - Obergefell, building on precedents like Loving v Virginia, established both a right to marry and an equal right to marry [14] - Marriage provides significant protections from state and federal governments and private industry, making access to marriage essential for equality [15]