In August, news broke that Kim Davis — the Kentucky county clerk who refused to issue marriage licenses to same-sex couples — asked the justices on the Supreme Court to overturn their 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide.
Former Secretary of State Hillary Clinton was quick to sound the alarm, urging unmarried queer couples to “consider getting married” before the high court unravels the rights won in the landmark decision.
“The Supreme Court will hear a case about gay marriage,” she said on “Raging Moderates,” a podcast hosted by Fox News pundit Jessica Tarlov. “My prediction is they will do to gay marriage what they did to abortion. They will send it back to the states.”
Legal experts note that the recent challenge brought by Davis is in its early stages. The next step would be for the court to choose to review the case among a pool of thousands, a stage at which some 97% of cases are denied, per the Supreme Court code of conduct.
“Whether the court will grant review really boils down to whether there are four votes to take up the question,” Amy Howe writes for SCOTUSblog. “Moreover, even if there are four justices who might be inclined to do so, they won’t want to grant review unless they are confident that there is a fifth vote to overturn Obergefell.”
