This post originally appeared at https://wifamilycouncil.org/radio/a-courageous-stand-for-marriage-conscience/
2025 | Week of August 11 | Radio Transcript #1631
This past Monday, an important legal filing took place in Washington, D.C. Kim Davis—the Kentucky county clerk who became a household name in 2015 when she refused to issue marriage licenses to same-sex couples—has formally petitioned the U.S. Supreme Court to take her case that not only defends Ms. Davis’s own rights but boldly asks the Court to revisit and overturn its 2015 Obergefell decision that legalized same-sex marriage nationwide.
For many, Obergefell was wrongly decided from the get-go. It redefined marriage, bypassing the will of the people in dozens of states, including here in Wisconsin, and stripping from them the right to affirm what marriage has always been: the union of one man and one woman. For those of us who believe in God’s design for marriage, Obergefell was more than a legal misstep—it was a moral and cultural earthquake with far-reaching consequences.
Kim Davis lived through those consequences in a very personal way. As an elected county clerk in Kentucky, she was ordered, in the wake of Obergefell, to issue marriage licenses to same-sex couples. Because of her deeply held Christian convictions, she could not place her name on documents that affirmed what she believed to be contrary to God’s law. She requested an accommodation—one that would have allowed same-sex couples to receive licenses without her personal endorsement. That reasonable solution was denied, and she was jailed for six days.
Since then, Davis has been embroiled in legal battles, facing lawsuits from same-sex couples who claim she violated their rights. Lower courts have ruled against her, saying that the First Amendment does not shield her action as a state official. Now, in her petition to the U.S. Supreme Court, she is making two pivotal arguments: first, that the Constitution protects public officials from being forced to personally endorse actions that violate their faith; and second, that Obergefell itself was “egregiously wrong” and should be overturned.
It’s difficult to overstate the significance of this moment. This is the first time since 2015 that the Supreme Court has been formally asked to overturn Obergefell. While no one knows if the justices will agree to hear the case, that such a petition has been filed should remind us that the battle over marriage is not over.
We have long held that marriage is the unique, God-ordained covenant between one man and one woman. While this is biblical truth, it’s also a truth rooted in biology, history, and the well-being of children. Every child deserves, whenever possible, both a mother and a father. Redefining marriage to suit adult desires inevitably undermines that ideal and has ripple effects throughout society.
Kim Davis’s case is also about whether Americans, especially those serving in public office, can live out their faith without fear of punishment or financial ruin. The First Amendment promises both the free exercise of religion and protection from government coercion. That promise must apply to everyone, including those in government roles.
Opponents will argue that overturning Obergefell would strip rights from same-sex couples. But rights created by judicial overreach are not immutable. The Supreme Court has reversed itself before—on matters far more entrenched, like abortion—when it recognized that prior decisions were legally and morally indefensible. Obergefell deserves the same fate.
If the Court takes up Kim Davis’s case, it will be a moment of truth. Will they protect the fundamental freedoms that have been the bedrock of this republic, or will they double down on a precedent that has eroded both marriage and liberty?
The same forces that tried to silence Kim Davis are at work here, pushing policies that elevate sexual autonomy above religious freedom, and subjective desire above biological reality. If Obergefell stands unchallenged, those who hold to a biblical view of marriage will likely be marginalized, penalized, and silenced at some point.
Kim Davis has stood resolute for ten long years, enduring legal and personal attacks for simply refusing to betray her conscience. Whether or not the Court hears her case, she has modeled the kind of courage we desperately need today. As Proverbs 28:1 reminds us, “The righteous are bold as a lion.”
We stand with Kim Davis. We stand for marriage. And we stand for the enduring truth that no government—whether federal, state, or local—has the authority to redefine what God Himself has established. May the Supreme Court have the wisdom, humility, and courage to correct one of its gravest errors and restore both marriage and religious freedom to their rightful place.
For Wisconsin Family Council, this is Julaine Appling reminding you that God, through the prophet Hosea, said, “My people are destroyed for lack of knowledge.”
Haylee Lawver