upheld by the 6th U.S. Circuit Court of Appeals.Because the Davis case was not a “clean vehicle” for challenging the Supreme Court’s 2015 decision in Obergefell v.
Hodges, in which the court overturned all bans on same-sex marriage, Thomas and Alito agreed with their fellow justices that Davis’s appeal should be dismissed.
That means the lawsuit against her will be allowed to move forward.But Thomas, joined by Alito, penned a scathing dissent arguing that the Supreme Court had overstepped its bounds in 2015.“In Obergefell v.
Hodges, the Court read a right to same-sex marriage into the Fourteenth Amendment, even though that right is found nowhere in the text,” Thomas wrote.