Same-sex marriage cases head back to court

Juan Carlos Castillo

NorthJersey.com

USA TODAY NETWORK

The Texas Supreme Court has ruled that state judges may refuse to marry same-sex couples based on 'sincerely held religious belief.'

The ruling was signed by all nine Republican justices.

Texas’ decision came as the Supreme Court of the United States is set to hold a private meeting Nov.7 to consider taking a case that could challenge the Obergefell ruling that legalized same-sex marriage nationwide in 2015.

The high court will decide whether to grant a hearing for the case of Kim Davis, a Kentucky county clerk who was prominently jailed after refusing to issue marriage licenses to same-sex couples in 2015.

The 6th U.S. Circuit Court of Appeals has already rejected Davis’ petition more than once. Now she is hoping the Supreme Court will listen.

Davis’ petition asks the court to reconsider whether the First Amendment – specifically the right to religious freedom – shields her from liability for refusing to issue marriage licenses to same-sex couples, according to Liberty Counsel, a Christian ministry and law firm representing Davis.

'Davis found herself having to choose between her religious beliefs and her job,' Liberty Counsel stated in the petition. 'The panel’s ruling, as it stands now, would mean government officials shed their constitutional rights upon entering government service.'

While the primary goal of the hearing sought to grant Davis immunity from liability, counsel has also suggested that the Court should reconsider the 2015 ruling that legalized same-sex marriage, arguing that it infringes on religious liberty.

Civil rights groups such as the American Civil Liberties Union and GLBTQ Legal Advocates and Defenders have argued that while Davis has the right to her religious beliefs, she does not have the right to impose them on others, who are equally entitled to their own beliefs.

They have also argued that the First Amendment does not shield discrimination and that government officials must follow the law. After the private meeting scheduled for Nov.7, it could take days or weeks for the justices to decide whether to take Davis’ case.