The Supreme Court on Monday declined to take up a case that would have asked the court to review its landmark decision that legalized same-sex marriage nationwide.

The justices did not comment on why they were rejecting the case, which was brought by Kim Davis, a former Kentucky court clerk.

Davis was jailed for several days in 2015 after she refused to issue a marriage license to a gay couple on her personal religious grounds.

She is appealing a damages verdict of $100,000 for emotional damages and $260,000 for attorneys’ fees.

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Davis’ case argued that the 2015 decision Obergefell v. Hodges infringes on her religious First Amendment right. She argued that same-sex marriage under the 14th Amendment’s due process clause is “egregiously wrong” and it should be treated like the Supreme Court’s 2022 abortion decision, which gave power back to individual states.

The Supreme Court refused to take up Davis’ case in 2019. However, the progress of her case in 2025 concerned LGBTQ+ advocates who note the makeup of the court has changed.

Typically the Supreme Court does not grant a case for review without considering it for several conferences and this was the first time Davis’ case was examined.

The justices in a closed-door meeting considered if they wanted to take up the case to the docket for this year. Their decision to decline the case on Monday means Davis’ appeal did not receive four votes to add it to the docket.

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