On Nov. 7, the Supreme Court will revisit the Obergefell v. Hodges decision, the 2015 case that made gay marriage legal in the United States.  

The challenge to the case was put forth by former Kentucky County Clerk Kim Davis. Davis is arguing that same sex marriage should not be upheld by states and public officials whose religion conflicts with the law. 

According to ABCNews, the catalyst that started this legal campaign was when Davis refused to issue a marriage license to a same sex couple, which was against a federal court order. Davis was then charged with contempt of court and jailed for six days.  

Davis argues that she was protected by her first amendment rights to practice her own religion. However, this doesn’t extend to people who don’t follow the same religion. 

A federal appeals court earlier this year stated that the first amendment right does not extend to Davis in this instance since she is being held liable of state action. This means that an acting agent of the government cannot withhold someone’s constitutional rights, no matter what their religion is. In this example, the constitutional right was for same sex couples to marry. 

Furthermore, the government should not be creating OR overturning laws to match the laws of any religious texts and scriptures. 

Quoting the constitution, “Congress shall make no law respecting an establishment of religion…”, separation of church and state, meaning that the government can not favor one religion over the other or make any laws that set up one religion as the “official” religion. 

Overturning any law because some members of one religion in the US, certainly seems like the government is breaking their own rules. However, no decision has been reached as of now and many legal professionals, as well as several lower courts, do not see Davis’s case holding any weight.